Schedule I Question -- variable income

[StillSwimming]

Okay, perhaps I'm being dense but I can't seem to find a good answer about variable commission income. I know you use averages over the last six months for means testing purposes, but what numbers do you put on the Schedule I form?

My income is steady but my husband's is part commission, part base salary, and part expense reimbursements. AND it's a new job. He's only been there four months, so there's really no track record to use for estimation. OH, and let me throw in another wrench that he's currently getting a commission draw that will end in two more months -- effectively cutting out 1k that was guarunteed, but leaving us with the big question mark of what sorts of commission he'll likely see in the future.

So far, real commission has been virtually nothing and will likely remain that way until he gets established (been told not to really expect much over the base salary for the first year).

SO, my question is this...

For projected income listed on Schedule I, do I include only his base salary and the expense reimbursement? Or do we use the numbers from the last six months (even though part of that was unemployed and the rest had a temporary commission draw we can't count on in the future)? OR do I do a combination of the two and just take a complete guess at commission income?

And what about payroll taxes? If I estimate expected commission, do you also estimate the payroll taxes you'd expect to be deducted form that number?

Ugh. Ugh. Ugh.

I've been obsessing over this and can't seem to stop...and I'm probably making it all feel more complicated in my head than it needs to be.

Anyone been there, done that or know the answer?

[rrockinggramma]

I think your attorney will have to advise you on this one. I would fight though to get your payment based only on base salary to start with and then maybe write up a plan that would increase in the 3rd year or so to reflect his upped income due to his comissions?

[StillSwimming]

thanks

Thank you for the quick response! I've spoken with an attorney, and this is the advice I was given -- in case anyone else is in a similar boat and is curious.

Schedule I should be filled out with what he is currently making, counting the temporary commission draw that ends next month. But it should also be detailed at the bottom that future income will decrease by X amount starting on X date and that expected commission amounts are unknown.

How this will all play out in the end, I don't really know.

We aren't behind on any of our secured debt, but I've frequently heard that over the median filers are usually put into a 13 anyway. So I'm just trying to prepare for what the next 5 years might be like...

I know our case is one of those that will require looking at the 'totalilty of circumstances'. We are over the median income for our state, and we pass the form 22A means test by a very very small amount. Our disposable income number on the form 22C test comes out several hundred negative (since you can deduct 401k contributions). But Schedule I shows us with a few hundred in disposable income when we use his current numbers. But using his base salary and expense reimbursements alone, it's back into the negative by a pretty good bit. Right now, I'm feeling like it may just all depend on the trustee's mood.

But honestly one thing that the attorney told me feels like an unfair catch 22, and I wanted to see if anyone else had this situation. We have to count his car expense reimbursements as income, but aren't allowed to deduct our real transportation expense on any of the means test? Is this correct? I mean, we easily spend twice the standard vehicle operation expense in gas alone each month! I know we can account for that on our Schedule J -- but apparently not on any means test. I'm sure our attorney knows what he's talking about, but it would be nice to hear from someone who has been there personally too.