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The Law Office of Brian Don Levy - Divorce Net

Brian Don Levy was admitted to the State Bar of California in 1973, and he has been specializing in family law, civil litigation, business & transactional matters and estate planning since 1973. Mr. Levy has regularly served as a Judge Pro Tem and as an approved Family Law and Civil Litigation Mediator and Arbitrator since 1978. Additionally, Mr. Levy is on the panel of the Los Angeles County Superior Court approved Civil and Family Law Arbitrators and Mediators. Mr. Levy is also a member of the Coalition For Collaborative Divorce, where he provides collaborative family law services. Our spectrum of services includes Paralegal Support Services, Mediation Services, Arbitration Services, Collaborative Divorce Services and Litigation Services throughout Los Angeles County, Orange County, Riverside County and San Bernardino County.

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#224019 - 08/24/09 01:34 PM housemate
smokdU Offline
Member

Registered: 08/16/09
Posts: 11
Hey everyone, I'm in a bind. I'm in CA. filling out my income & expense forms(FL150). I share a house with a female (who has 2 kids of her own). We split all household bills 50/50. My X is telling me I have to list my roommate's income so she can get more CS, as she says that is figured into MY income.
First off, I don't know what my RM earns. And I wouldn't tell the X if I did. The RM has her own kids to take care of, and she doesn't pay any of my bills.
I don't know how to handle this on the forms. Do I have to list the RM? If so, do I list the total monthly expenses for the house, and then divide in half? There is no room to show the RMs other monthly bills(car, insurance, etc.), so it would look as though I am paying a much higher % of the bills. What do I do?

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#224023 - 08/24/09 01:44 PM Re: housemate [Re: smokdU]
dvd Offline
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Registered: 04/02/07
Posts: 4167
"I don't know how to handle this on the forms. Do I have to list the RM?"

No. In most states, not even your next spouse's income will be listed. You only share a house and that's it. The RM plays no part whatsoever with yours or your ex's business. You only list or concern about what you owned or paid.


Edited by dvd (08/24/09 01:44 PM)
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#224026 - 08/24/09 01:55 PM Re: housemate [Re: dvd]
smokdU Offline
Member

Registered: 08/16/09
Posts: 11
thanks for the response. Sincerly appreciated.

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#224042 - 08/24/09 04:11 PM Re: housemate [Re: smokdU]
justche Offline
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Registered: 07/13/05
Posts: 810
You do have to list the actual housing costs.
If you pay her for rent, it's easy - if she pays you, you have to indicate that and it may look like income. (And the judge may or may not pay any attention to it.)

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#224093 - 08/25/09 09:07 AM Re: housemate [Re: smokdU]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Sigh.. this can be tricky. Especially with male/female roommates. Were I in your shoes, I would begin by not listing her, because it asks for "Household" income. If she is not your dependent, and not a part of your household - just living in the same building, then you should have no problem.

The Internal Revenue Service used to look very carefully at mixed gender couples that would file their tax returns with BOTH claiming Head of Household at the same address. The IRS would come look at whether or not they had different phone lines, lived apart in different rooms. (Parent/kid in one room, Parent/kid in the other room.) If it looked like the male and female were a couple, the IRS would disallow the Head of Household for one or both parties.

You need to look at your situation and determine if this individual is a member of your Household or not. For example, you could not claim to be paying $2,000 in rent if she was paying for half the rent, and half the other utilities. So long as you follow down the line and list only the things you pay for on your income and expense declarations - you should be fine.
_________________________
Disclaimer:Not actual legal advice!

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#224116 - 08/25/09 04:52 PM Re: housemate [Re: Tali_Llama]
Shania72 Offline
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Registered: 03/27/07
Posts: 122
Yes in California it asks to list all people in the home. If you are both in the same home you would be listed but you would not put her income, She would be listed by name and stated as a roomate. Then where all of your monthly expenses are listed at the very end is a box that says "Expenses paid by others"

Thats the line where how much is contributed by the roomate is put down.

Im in cali and have done this on my form. Nobody cared if I had a male in the home and that didnt come into play they just needed to know your income and how much is paid by and how much by others.

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#224124 - 08/26/09 12:43 AM Re: housemate [Re: smokdU]
smokdU Offline
Member

Registered: 08/16/09
Posts: 11
THANX 4 THE ADVICE. SINCE I GIVE HER A CHECK FOR RENT & UTILITIES EVERY MONTH,AND SHE DOESN'T PAY ANY OF MY BILLS, I'M NOT GOING TO LIST HER. THE LESS COMPLICATED, THE BETTER.

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