Duane S. Ashley - Page 7




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               Mr. Ashley was again advised that he could file an                     
               original tax return for 1989. * * *                                    
                  *       *       *       *       *       *      *                    
               The financial information submitted by Mr. Ashley                      
               indicates that he has equity in property from which                    
               some funds may be generated.  Mr. Ashley houses not                    
               only himself but his common law wife and their natural                 
               son.  Thus, there are three who are claimable as de-                   
               pendents for purposes of determining disposable income.                
               Mr. Ashley indicated that his wife does not work and                   
               that his income is the sole income of the household.                   
               An analysis of his monthly income over allowable ex-                   
               penses reveals the following:                                          
                    Income     Expense Type     Expense Amount                        
                    $2,000     National Std.    $  781*                               
                           Housing & Util.  $  350**                                  
          Transportation   $  235***                                                  
          Total            $1,366****                                                 
                    *3 people in household, source: BLS 10/99.                        
                    **as claimed but unsubstantiated, no housing pur-                 
                    chase or rental expense is involved or included.                  
                    ***as allowed for one car, no purchase expense is                 
                    involved or included.                                             
                    ****Mr. Ashley’s claim reflects monthly expenses                  
                    of $1,300.                                                        
                    Footnote:  The home and autos are paid for.  Mr.                  
                    Ashley claims that he lost his health and life                    
                    insurance because of the circumstances described                  
                    above.                                                            
               Applying a present value to the excess income over                     
               expenses yields a total of $25,994 [$634 per month x 41                
               months left on statute = $25,994].                                     
               According to the county valuation of Mr. Ashley’s                      
               realty and the information on encumbrances, he has the                 
               full equity of the home because he had satisfied the                   
               mortgage.  The county valuation is $75,353.  There are                 
               no available valuations for the vehicles or boats in                   
               Mr. Ashley’s possession.  However, it is unnecessary to                
               obtain that information because the addition of present                
               value to the equity in the realty substantially exceeds                
               what is owed by Mr. Ashley.  Even reducing the value of                




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