Income question??

[16 Tons]

My spouse has a painful condition that limits her time at work and her physical work at home. I take Family Medical Leave from work on average one day a week for her psychological support and for limited physical care. Since this reduces my average income (it is unpaid leave), will the trustee say that I have to use what would be a 40 hour week to determine my average income?
Or, does he have to accept my "true" average which is less because of the FML?

[WoodSprite]

I needed to provide my actual pay stubs, so they must be looking at your true take-home pay for the 6 month look-back period.

Sounds as if you've got your hands full. Best of luck to you.

[magyar123]

What you get is what you get. There are plenty of folks around who only have parttime, and not fulltime jobs. Has it been like this for the last six months?

[16 Tons]

Sorry I did not reply. Was away. Yes, it has been like this for last 6 months and will be for the foreseeable future. I am worried that the trustee would say to not take time off to increase my income and push me into a 13. Medically, this is not likely, as she is collecting permanent Workers Comp payments. Thanks.

[soleprop]

16 tons, i don't think you have to worry. the trustee doesn't look at it like that at least in my experience. we do the work we can, we take home the pay we get. life happens and we have to live it according to our own situations. the trustees get that. hell if trustees could harangue us like that (which they don't/can't) then they'd say why don't we have 3-4 jobs to make ends meet? it just doesn't happen, so breathe that sigh of relief and keep taking care of your spouse!

my reason for posting this: i submitted paystub showing less than 40 hrs/week for 6 months and heard nothing about it, nor have i ever heard/read of anyone else running into this as an issue.

[16 Tons]

Parent Plus Loan

Ignore this.

[PoorGrammyinBK7]

16 TONS,

I am in a similar situation as your wife. Has she filed for Social Security Disability? I am thinking of doing that. I really can't work. My husband does all the grocery shopping, etc.

As for your income - its the average of whatever it was over the last 6 months, unless over half your debt is business/non-consumer debt and then you don't have to take the means test. They cannot make you work 40 hours a week.

[16 Tons]

My understanding is that unless you are totallydisabled, you cannot receive SS benefits. That means you can't do any kind of work. My spouse is able to work, just not 40 hours a week. This and the fact that I take 1 day a week off for (unpaid) Family Medical leave is what will allow me to go for a 7 instead of a 13.

[magyar123]

And by the way - do not mention the fact that once upon a time you were a 40hr fulltime employee and that you yourself decreased your hours.

[AngelinaCatHub]

And by the way - do not mention the fact that once upon a time you were a 40hr fulltime employee and that you yourself decreased your hours.

[danaf]

I view this as a non-issue. You aren't doing anything wrong here. In fact, just the opposite - you are a stand-up guy. I really do not see a trustee questioning this at ALL. And if you happen to get a jerk trustee - just tell them truthfully what the deal is. There's nothing they can do about it. And I guarantee, this trustee will feel like an ass when they hear your answer!

[AngelinaCatHub]

Honey, I am so

I view this as a non-issue. You aren't doing anything wrong here. In fact, just the opposite - you are a stand-up guy. I really do not see a trustee questioning this at ALL. And if you happen to get a jerk trustee - just tell them truthfully what the deal is. There's nothing they can do about it. And I guarantee, this trustee will feel like an ass when they hear your answer!

You got it right on. Above anything, take care of your own. I really do not think he will have a Trustee problem as what he stated is more than correct. It is responsibility and love. Any other thing he could do, would be dereliction of his interest in his family and wife.

[16 Tons]

Thanks! Yet one more thing I am/was worrying about. Boy, I sure can see why everyone is so thrilled when they get this done with.