Can my usband have more taken out of check?

[helpsoneeded]

Would my husband be safe having work take out a little bit more for retirement. He wants to have them take anoter 1 to 2 % out for his annuity. I really need to file, but he doesnt want to even though he has alot of debt in his name too. He can manage his, but i cant mine anymore. If he has this money taken out, maybe it will be less i'll have to repay. Rather it goes to that then a 13 bankruptcy. By the looks of it i have to include what he make and because of it i have around 2000.00 disposable income on schedule J. Do they take into consideration what he pays for his credit cards? Thanks and sorry for all the questions...

[Granny]

I was told by my attorney that my trustee doesn't allow for credit card payments for my spouse. If the payments are small enough, you might be able to squeeze them in using other categories on the Sch J. However, eventually, it became too much and we are no longer paying on his credit cards. So his credit is shot too, even though he didn't file with me.

And in case you are wondering why he doesn't join in my bk petition...it's our ace in the hole if we fall behind on the mortgage again later on. I can't file bk again for 7 years, I believe, but he could if need be to stop a foreclosure. With our ages, you never know what is going to happen.

[CindyLou]

That a hard question to answer being that he is not filing also. Typically when one is filing the rule of thumb is if there have already been deductions for a retirement plan then they will be continued to allowed, but new deductions will not be allowed because it will look like it is money that is trying to be diverted from the bankruptcy. Being that your husband isn't filing with you this is a question that you will have to ask your attorney.

[qwertysue]

. Typically when one is filing the rule of thumb is if there have already been deductions for a retirement plan then they will be continued to allowed, but new deductions will not be allowed because it will look like it is money that is trying to be diverted from the bankruptcy.

This is VERY true...at our 341 session, one filer had been contributing 1% to her 401 prior to meeting with her attorney. AFTER meeting with her attorney, she had been putting in the maximum that she could--15%. The trustee took one look at that and immediately dismissed the plan. He was not amused.