means test question

[jeepdad]

Hi everyone. I've read the sticky's and FAQ's and find the information very valuable.

I consulted with an attorney Thursday who basically steered me to Chapter 13 due to my income not meeting the means test. However, we seemed to go strictly by the income and did not actually look at my expenses. When I fill out the calculator at legalconsumer.com, I seem to meet the means test.

My averge income per month is $3,750. I am single with no dependents. The average for my region is $3,059.

I used the standard IRS calculations for all variables. I pay $208/month for child support, $140/month total in health insurance premiums (for myself and a separate policy for my daughter) and $100/month for internet and cell phone expenses.

Then under "Deducations for Debt Payment" I input my actual mortgage ($650) and car payment ($558).

The calculator says I have $66/month in disposable income and therefore pass the means test.

My question: Is this accurate? And why doesn't my attorney simply use the same information before so easily steering me to Chapter 13?

Thanks!

[nc73]

Hi everyone. I've read the sticky's and FAQ's and find the information very valuable.

I consulted with an attorney Thursday who basically steered me to Chapter 13 due to my income not meeting the means test. However, we seemed to go strictly by the income and did not actually look at my expenses. When I fill out the calculator at legalconsumer.com, I seem to meet the means test.

My averge income per month is $3,750. I am single with no dependents. The average for my region is $3,059.

I used the standard IRS calculations for all variables. I pay $208/month for child support, $140/month total in health insurance premiums (for myself and a separate policy for my daughter) and $100/month for internet and cell phone expenses.

Then under "Deducations for Debt Payment" I input my actual mortgage ($650) and car payment ($558).

The calculator says I have $66/month in disposable income and therefore pass the means test.

My question: Is this accurate? And why doesn't my attorney simply use the same information before so easily steering me to Chapter 13?

Thanks!

Not totally accurate but a good indicator. They make more with a 13.

[325Falcon]

You only pay $208/mo in CS and make $3750/mo!!! Good for you!! What state is that in?

I only make about $500 more than that but I pay more than triple that amount in CS/mo for one child.

[jennordhavn]

You only pay $208/mo in CS and make $3750/mo!!! Good for you!! What state is that in?

I only make about $500 more than that but I pay more than triple that amount in CS/mo for one child.

It could be that the ex makes good money too or he has his child a high percentage of time.

[jeepdad]

You only pay $208/mo in CS and make $3750/mo!!! Good for you!! What state is that in?

I only make about $500 more than that but I pay more than triple that amount in CS/mo for one child.

Yes, I'm lucky. The $208/month is actually based on when I was in grad school working part time. That was six years ago. My ex could increase if she wanted to, since every three years Missouri does automatic reviews of child support cases -- but she always declines. Probably has to do with the fact that I have my daughter right at 50% of the time and maintain a cordial relationship with my ex.

[jp2861]

I'm not really up to speed on the car issue because it doesn't apply to me. But, I thought the deduction was the difference between your car payment and the allowed deduction. Are you deducting the entire amount of your car payment?