married, but wife not filing BK-quick question

[unkelaaron]

I had a quick question. My wife will not be involved in the BK. All mortgages are in my name, my credit cards in my name only, hers in her name only. When completing the means test, are her payments taken into account. For example, let's say she has minimum payments of $500 on her cc debt, do we take that into account when figuring out our disposable income?
thanks in advance!!!

[newbie2]

Your wifes income will be added to yours for a total household income. Then you back out her personal payments / expenses (credit cards, etc.) that she is responsible for. What remains will be the amount of income that she contributes to the household. Good luck to you.

[bkinparadise]

When I did my personal Ch. 7, I did not have to include any of my wife's debts but did have to include her income in my filing.

[newbie2]

When I did my personal Ch. 7, I did not have to include any of my wife's debts but did have to include her income in my filing.

That's correct, you wouldn't include your wifes debts in your filing, but her own personal payments towards those debts should have been subtracted from her income to come up with the amount that she contributes to the household.

[IamOld]

That's correct, you wouldn't include your wifes debts in your filing, but her own personal payments towards those debts should have been subtracted from her income to come up with the amount that she contributes to the household.

Hello! I may be in a similar situation - are you saying that for a SEPARATE Ch 13, say if spouse files alone, what I (ME) spend on the unsecured stuff in MY name only is an offset to her income???? (I know that stuff that comes out of my paycheck is, like tax, 401k, insurance, etc.)

[NewChanges4]

I am in the same boat. When I filed, the attorney took into account ALL of our household income but only listed the joint household debt and my personal debt. In fact, she said that I shouldn't list my husband's car note or his IRS tax bill because my name wasn't listed on the note and we hadn't filed those taxes together. Also, he is NOT filing! However, my husband's car note is $440 a month and his IRS tax bill is upwards of $4,000. To same I was "ticked off" is an understatement.

[IamOld]

THANKS newchanges4 - BUT - were you able to back out from your husband's income the taxes he pays from his paycheck, his 401k deductions, and the such???