If you are looking to file for Chapter 7 bankruptcy, one of the things you need to pass is the median income test. The median income test – and its companion, the means test – is a formula that is used to determine whether or not the person seeking to file has enough money to make payments to creditors.

If so, they must file for Chapter 13 bankruptcy instead of Chapter 7. These tests were added in 2005 when the bankruptcy code was amended to stem the tide of Chapter 7 bankruptcies.

Testing Details

If you want to file for Chapter 7, or liquidation bankruptcy, it is necessary to measure your monthly income figure against the median income for your household size in your state. As long as your income is not greater than the median income, you typically are eligible for filing Chapter 7 bankruptcy.

In Florida, the current median income is (as of October 2010):

-$41,079 for a one-person household

-$52,073 for a two-person household

-$58,366 for a three-person household

-$68,763 for a four-person household

If your income is greater than the median income, you have to be able to pass the means test to continue with Chapter 7.

The means test looks at how much of your income is disposable. To determine this, required debt payments and certain expenses are subtracted to find out whether you would be able to complete a Chapter 13 bankruptcy, which is a restructuring of debt. If your disposable income each month falls below a certain threshold, you will be able to file for Chapter 7 even if your income is higher than the median income level for your state. If not, you will have to file for Chapter 13 bankruptcy.

The means test can be complex. There are many factors that can affect the outcome of a means test, such as family size and living expenses and write-offs such as charitable contributions and insurance policies.

For more information about the means test, and how it impacts your particular situation, contact an experienced bankruptcy attorney.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Checking your spouse’s e-mail in secret could have big consequences when filing for divorce. Take Leon Walker, a Michigan man, who is scheduled to go on trial February 7 on criminal charges of accessing the family computer to log onto his wife’s e-mail account to see if she was cheating on him. If he is convicted, Leon could face up to five years in prison and a $10,000 fine.

Walker contends that he had a right to use the computer as he bought it, and that she kept her passwords in an address book by the computer. Leon felt that he had a right to read her e-mail to check that their child and stepchild were safe as he had a feeling that she was having an affair with her second ex-husband. (Leon is the third husband.) Clara, Leon’s wife, had no idea he read her e-mail until it entered divorce proceedings.

Florida divorce attorneys and their clients are paying attention to this case as it will be interesting to see if the jury deems his actions a privacy violation instead of a criminal one. There is also the fact that she was having an affair prior to him checking the e-mails, so it changes the situation in this family law case.

Leon admitted that his wife did not know he used her e-mail account prior to it being discussed in the divorce proceedings, so Clara claims she never gave him verbal authorization to access it. Just because the computer and passwords were readily available does not automatically grant access to checking the e-mail whenever a spouse would like, her lawyer asserts.

Leon’s lawyer says he is inappropriately charged under a statute that applies to computer hackers who are after money or causing damage, not looking at a spouse’s e-mail account. Secretly checking a spouse’s electronic communications may violate state and federal wiretapping statutes such as the Wire and Electronic Communications Interception and Interception of Oral Communications Act, 18 U.S.C. §§ 2510 et seq. And in the Florida case in 2005, O’Brien v. O’Brien (Fla. 5th Dist. Ct. App. 2005), those types of intercepted communications were barred as evidence.

When a marriage has come to this point of infidelity, snooping and a question of child custody, a knowledgeable attorney can help with the emotional and financial challenges ahead.

You will have a much more favorable divorce settlement if you are proactive and can focus on what is best for your children.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

It has been a busy day at work, and after pulling into the driveway, you can see that some papers have been posted on the front door. The kids are tugging at your briefcase and you promptly pull off the papers. All you can do is rush the kids to their game room and take a deep breath to find out what the documents are all about.

Sadly, they show that you have just been served divorce papers. Many separated couples experience this big moment, sometimes as a surprise or as a long time coming. The divorce petition will show what type of divorce your soon-to-be-ex is wanting. Read the standing order very carefully as it will outline what the court expects. Be sure to keep the original document in a safe place, and make copies if you want to jot down notes.

Starting a divorce journal and calendar can also be helpful as you face the proceedings head on. Write down any questions and important notes and facts that have occurred. Also, make note on the calendar any important deadlines and what you do in the course of a week for the kids. Many summons set a deadline of 20 days to answer and an individual must file an answer in the court file prior to that deadline. Otherwise, your soon-to-be ex could file for a default in the divorce case.

Be sure that the divorce petition also has a case management order; immediately call the clerk’s office if you did not receive one to make sure a court date and any hearing notices are set.

Getting an experienced family law attorney on your side early on will dramatically help your case. Some divorces can be resolved quickly, but others can take a year or more. A divorce lawyer will be your personal advocate and assist with paperwork, the overwhelming emotions, and best plan for the next chapter of your life.

Osenton Law Offices, P.A. assist clients in a wide array of legal issues including divorce, child custody, alimony, visitation and time sharing agreements, and modifications. Their lead Brandon family lawyer, Laurel A. Tesmer, Esq., is experienced in helping individuals and families through the tough times of a divorce. Even amicable divorces involve a flurry of documents and hearings, so it takes competent legal counsel even if you are just in the initial stages of a divorce.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.