I'm not a bankruptcy expert but if they get divorced but
continue to live together, and he then files for backruptcy,
the court may see that as some type of fraud upon the court.

I'd advise her to ignore Nitwit's "advice".

Rudy
www.LizcanoTaxServicesLLC.com

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John Doe wrote:

- quote -

First, there is a dependent & child care credit, not a
deduction. Your sister might qualify for that anyway since
you say her husband is unable to work. Also, unless they
have quite a bit of income, his SS isn't taxable anyway.

I'm not a bankruptcy law expert but since the "nitwit" is
wrong on two of his assertions he's probably wrong on that
one, too.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

"John Doe" <john[at]nospam.net> wrote:

- quote -

Evidently your sister saw her marriage vows as something
other than a way to get a toaster. She may also realize
that her husband isn't going to be helpless forever, but he
has a hard road ahead of him, and she'll be by his side.

Ordinarily my good manners would require a "thanks for you
concern" to Nitwit, but that advice was so inappropriate
that I think I'd just give him a blank stare and never speak
to him again.

--
Phil Marti
Clarksburg, MD

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I'm totally confused. My sister has a 1 year old son who
goes to daycare. Her husband was the victim a random
shooting and lost sight in both eyes. He will be getting
full social security. She is in the process of selling
their townhouse and buying a one level house.

She has been advised by some nitwit that they should get
divorced so she can get daycare spending account deduction
since he is unable to work. In addition he would be able to
file bankruptcy without it affecting their assets which
would have all then be in her name. His income from SS
would not be taxed at her tax rate and a slew of other
advantages.

I say this is nonsense. Even though she believes there are
all these economic advantages, she is reluctant to even
discuss this with him. So I'd like to hear what all of you
have to say about this.

John

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >