If my state allows the debtor to exempt 75% of unpaid wages. Do I include my husbands wages although I filed as a individual?
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I don't know for sure, but I don't think so. As I read through various other threads, it is my understanding that a non-filing spouse, or roommate, is only queried for his/her amount of money that is contributed to the running of the household."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."
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You have to put the non-filing spouses income in Schedule I, but in Schedule J, you can list all their personal expenses, like CC's, gym membership, anything that he pays himself. Samething in the Means test, you have to show what excess income he has that is contributed to household expenses. Hopefully he has debt in just his name.
And the 75% wage exemption is actually for unpaid income due to you or your spouse. It is an exemption that is rarely used. In some states, I can use it for the money that is in your bank account, if the funds were derived from employment, but most state laws say that funds in an bank account are no longer wages.
Good LuckDisclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.
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