Filing Separately but still Married

[bktinpa]

I do not work. My spouse is the sole wage earner and I have no assets. I understand my spouses income will be included in calculating the repayment plan but how about his future assets, raises, etc.. Does the Trustee need to be notified?

[SinkingFast]

I saw that "expected increases or decreases" statement and thought you had to tell them every time you got a raise. Finally, 1 attny's paperwork specifically said "10% or more". And another poster here that's nearly thru their 13 plan said they've never had to report Cost of Living type pay increases.

If you win the lottery, have an inheritance, etc., while in the plan, those types of things you will have to report.

Any major changes in your life affecting your ability to pay your plan payments as agreed, you will need to notify the Trustee.

[bktinpa]

Follow-up

Sinking fast, thanks for the feedback. However, since I don't work I would never have a pay increase. Since my spouse is not filing, I would think that his changes should not a have bearing or at least he should have some rights to any increases for his own debts

[Minnymouth]

Yes, since his income is really the income paying into the Chapter 13 plan - any large wage increases, bonus, etc must be reported to the Trustee..... now whether the Trustee uses them or not - is a new ball game........

[bktinpa]

MinnyMouth:

Thanks for the reply, I filed under the old law. Does that make any difference

[Minnymouth]

As far as the old law, don't think it makes a difference....

As long as your in Chapter 13 ANY excess funds must be paid into the plan..... and since its his income that makes the payments..... it will be based on what he makes....

The reasoning for this is that you do not work, but yet filed bankruptcy..... and household income determines basis for repayment...

Someone else might be able to help you with some input on this also.....

Keep us posted