How should you consider overtime pay?

[fiats3]

My trustee wants me to pay more into my Chap 13 because I get overtime pay. I said it's unpredictable and cannot be counted on regularly (that's why they call it overtime, duh..).

What have others done in their income statements. Is overtime to be considered part of the plan or not. If not, how did you get it to be not considered as disposable income...

[bkfiler]

court cases have ruled both ways. its a fight between you and the trustee.

if you get overtime consitantly then you are going to have to pay it and make it part of the plan.

if its here and there and you can prove that from the past 6 months to a year or its seasonal then maybe you can tell him to go suck your eggs-n-sausage biscut.

[pink_amulet]

My hubby had overtime up the a$$ over the summer before we filed, due to him covering for a guy out on medical leave. This was something completely out of the norm. We told the lawyer that and he adjusted our income to reflect all the (summer) overtime over a 12 month time.
Granted we were in CH 7.... not CH 13. So I'm not sure how it works in CH 13.

Talk to you lawyer and see how you can get around it.
Good luck
pink-amulet

[StaciMM]

The main question, most likely, is whether or not the OT is a normal thing. If you get it once on a blue moon, it shouldn't be a factor. If you consistently work overtime, it will be. Since some jobs have seasonal busy times, it makes sense that you might have it during one part of the year and not others. Looking at the 1 year time frame before filing, what was your average income? Its been a while since you filed, if your average since filing has been less, you could argue that...