My children receive social security benefits. Do I include this as income in my bankruptcy?

If your children receive social security benefits, you may be wondering if you should include this as income in a bankruptcy filing. The answer can depend on your individual situation.

Generally, any form of income received by an individual must be included when submitting a bankruptcy filing. If you are the co-owner of the benefit payments or have control over how it is used, then these funds must be reported as part of your total income for the purpose of determining eligibility for bankruptcy protection. However, if your children are receiving social security benefits and you do not have access to those funds nor any control over how they are used then these monies will not need to be included in bankruptcy calculations.

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