Changing Filing Status from Joint to Individual (or Individual to Joint)

Updating Marital Status Across Schedules

When you need to change a case's marital status from joint to individual (or individual to joint) while working on the schedules, you'll need to update the marital status in three different places to keep everything consistent.

Overview

During case preparation, if the filing status needs to change from joint to individual or vice versa, the marital status field appears in multiple schedules and forms. Updating each one ensures the case reflects the correct status across all calculations and supporting documents.

How It Works

1. Update Schedule I (Current Income of Individual Debtor(s)): Open Schedule I and locate the marital status field. Update it to reflect the new filing status.

2. Update Schedule J (Your Expenses): Open Schedule J and update the marital status field there as well.

3. Update the Means Test Form:

- For Chapter 7 cases: Update marital status in Form 122A-1 (Official Form 106A-1)

- For Chapter 13 cases: Update marital status in Form 122C-1 (Official Form 106C-1)

Once all three are updated, your case will reflect the correct marital status throughout.

Key Details

- Make sure you're working on the correct means test form for your chapter. Chapter 7 uses 122A-1; Chapter 13 uses 122C-1.

- Updating marital status affects income calculations, so verify the income figures are correct after you make the change.

- All three updates should be done before the case is ready to file.

FAQ

Q: Where exactly is the marital status field in each schedule?

A: It's typically near the top of Schedule I and Schedule J. In the means test forms (122A-1 or 122C-1), look for it in the debtor information section.

Q: If I only update one or two, will there be an error?

A: You may see discrepancies or inconsistencies when preparing to file. It's best to update all three to ensure the case is accurate.

Q: What if I'm not sure whether it should be joint or individual?

A: Check with your attorney or the client intake information to confirm the filing status before making changes.