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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I was recently married. My new husband filed bankruptcy before

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I was recently married. My new husband filed bankruptcy before we got married. His lawyer submitted his bankruptcy payment paperwork incorrectly and the wrong amount has been deducted from his pay each month since his payments began. Now his lawyer wants his last 3 months of pay statements and is requesting copies of mine as well. Can they really consider my income to determine what his payments should be on debt he and his ex-wife incurred before we met??
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi JACustomer,
All income - including the income of a non-filing spouse - that comes into a debtor's household is taken into account when determining what the debtor's monthly plan payment should be. This is so, even though the debts were incurred before the couple were married. However, any income from the non-filing spouse that is not used for the debtor's (your husband) expenses gets deducted before arriving at the monthly payment amount.
In other words, if your income is $10,000 per year, and you contribute nothing to your husband's household expenses, then none of that income would be included for determining your husband's monthly payment. However, if your income is $10,000 per year, and you contribute $3,000 to your husband's household expenses, then $3,000 would be included when determining your husband's monthly payment.

cfortunato :

If it is any consolation, your husband's Bankruptcy has no affect on your husband's ex-wife's obligation to pay the debts that are also in her name.

cfortunato :

In other words, your husband's Bankruptcy cannot discharge her liability to pay those debts, only his liability to pay the debts. She will remain completely liable for any debts discharged that are also in her name.

cfortunato :

 


I think this is what you wanted to know. If not, please let me know.
Thank you.

cfortunato :
cfortunato :

I will switch to non-chat. Please let me know if you see the answer now.


 

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 2 years ago.
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Expert:  cfortunato replied 2 years ago.

Hi JACustomer,
All income - including the income of a non-filing spouse - that comes into a debtor's household is taken into account when determining what the debtor's monthly plan payment should be. This is so, even though the debts were incurred before the couple were married. However, any income from the non-filing spouse that is not used for the debtor's (your husband) expenses gets deducted before arriving at the monthly payment amount.
In other words, if your income is $10,000 per year, and you contribute nothing to your husband's household expenses, then none of that income would be included for determining your husband's monthly payment. However, if your income is $10,000 per year, and you contribute $3,000 to your husband's household expenses, then $3,000 would be included when determining your husband's monthly payment.

If it is any consolation, your husband's Bankruptcy has no affect on your husband's ex-wife's obligation to pay the debts that are also in her name.

In other words, your husband's Bankruptcy cannot discharge her liability to pay those debts, only his liability to pay the debts. She will remain completely liable for any debts discharged that are also in her name.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

Customer: replied 2 years ago.
So, if the arrangement my husband and I have is that he gives me money to pay the household bills and my money is about 90% committed to bills (mortgage, utilities, gas, groceries, credit cards, medical bills, etc.), then they wouldn't be able to consider my income to determine his payments?
Expert:  cfortunato replied 2 years ago.

1) Are you and your husband living in your house?

2) What do you do with the other 10%?

Customer: replied 2 years ago.
Yes. We live in the house I've owned in my own name for 9 years now. The other 10% is for incidentals - birthday gifts, meals, maternity clothes (I'm pregnant now), car repairs (we just had a $1600 car repair), stuff like that. The rest, if there is any I try to save - which was wiped out with the car repair.
Expert:  cfortunato replied 2 years ago.

Thank you for your response.

Because none of your money goes to your husband, none of your money will be taken into account when determining his monthly payment.

But his attorney needs your income information for the Bankruptcy form. The form first asks for the spouse's (your) income, and then asks for any portion of the spouse's income that does not go to the husband (or the husband's expenses) to be deducted - so in your case the net amount would be zero.

Customer: replied 2 years ago.
Halleluiah! Smile thank you so much for your help! That makes me feel so much better. We'll certainly be struggling once they increase his payments to what they're supposed to be.
Expert:  cfortunato replied 2 years ago.
You're welcome! I am happy I was able to ease your mind!
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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