QUESTION

Do I include my ex’s income if I filed chapter 13 individually because my spouse asked for a divorce and is now living elsewhere?

Asked on Oct 15th, 2016 on Bankruptcy - Oregon
More details to this question:
But now he’s thinking about coming home and working out the marriage. When he does come home, do I report his income? I don't know what to do? My filing has been based on my income alone.
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7 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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No.
Answered on Nov 14th, 2016 at 5:20 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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When there is a major change in your situation, you need to report it to the trustee. If your spouse is bringing more income and more expenses you should file new schedules for income and expenses.
Answered on Nov 04th, 2016 at 6:17 PM

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Bankruptcy Attorney serving Las Vegas, NV
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If he does not live with you at the time you file bk then do not include it. If he subsequently moves in then you would amend your schedules and plan accordingly.
Answered on Nov 03rd, 2016 at 6:24 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Sometimes it is really hard to understand important details in an online question. When you refer to your EX, do you mean you are divorced or that you are just currently living apart? If the two of you should reconcile, being legally married would give you one answer while being legally divorced would give you another answer. In either case, you should have experienced representation if going into Chapter 13.
Answered on Nov 03rd, 2016 at 6:23 PM

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First things first: you would benefit from consulting an experienced bankruptcy lawyer in your own locality. That said, you can file an individual case. You would indicate that your spouse is NOT filing. In reporting your income, you can report whatever he pays you as a contribution from someone not living with you. If you are living together with your husband, then even if he is not filing, if you live in a community property state (like Wisconsin and about 10 others) then all his income is potentially available for a Ch. 13 Plan. If he is living separately when you first file, and then you two reconcile, or at least resume living together, it would certainly be best to submit amended schedules of Income and Expenditures. (Schedules I and J) You would likely also have to file an Amended Plan. This situation is one where working with a well-versed bankruptcy lawyer can be most helpful.
Answered on Nov 03rd, 2016 at 6:23 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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If you are still married (legally) yes you include same, but you file a Schedule J showing that he pays his own expenses.
Answered on Nov 03rd, 2016 at 6:22 PM

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Chapter 13 payments are based on your ability to pay. So if you will benefit financially from his return to your home, then you are obligated to report your spouse's income. If you do not already have a bankruptcy lawyer, it is a very good idea to get one because chapter 13 is complex and goes on for years, and many questions will arise during the life of your case. You can finance attorney fees through your plan payments and they typically are paid at the expense of your unsecured, non-priority creditors, so it usually costs you nothing to have professional support during your bankruptcy.
Answered on Nov 03rd, 2016 at 6:22 PM

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