Change in garnishment amount

[may2010]

We are 3/4 years into our 5 year plan. My husband's job was recently dissolved and he took a huge paycut. We are going from a salaried, consistent income to billable hour. Will the court let us "pause" garnishments" from his check until we see how things will pan out and if we need to file to change the garnishment amount? We are panicking. So frustrating and scary.

[justbroke]

Yes, but it is the Chapter 13 Standing Trustee that you need to contact. I tell every Chapter 13 debtor to immediately and with no delay contact their attorney whenever they have any financial issue. A change in income is significant and I would hope that you already contacted your attorney.

Chapter 13s are designed to be modified. However, modification doesn't mean that your plan is still feasible. If your income is so significant that you can no longer (technically) afford your home, you may need to convert to a Chapter 7. Conversion could cause other issues (e.g., arrears for your mortgage that were being paid in the Chapter 13).

I can only repeat what I wrote in the first paragraph. Contact your attorney immediately. There are several options which include a suspension of plan payments, a modification to the plan, or even a conversion. Those options require a careful review of your plan and financial details which only your attorney could provide and assess.