Will my bankruptcy payment increase if I get married on the same time?

Any change in household income should be reported to the trustee. he may then move to amend the Chapter 13 plan. I agree with your attorney, unless you don't mind paying more.

Question: Will my bankruptcy payment increase if I get married on the same time? Question Detail: I am starting my fourth year out of five years of paying on my chapter 13 Bankruptcy. I was told by my lawyer that it wouldn't be a good idea to get married during this time due to my income change because I would have to include his income. We both would like to get married but don't have to. I am looking for another opinion or an agreement to my lawyer. Thank you. *- wait until you receive your discharge from the bankruptcy FIRST ........*

The payments in your chapter 13 are set in stone. I do not see how getting married should change that.

The answer unfortunately is it depends. Monthly payments are determined based on your 'disposable income.' While disposable income used to simply be income minus expenses the 2005 changes created a different formula which uses IRS standards to determine expenses for some debtors. However your payments were (and ultimately are calculated if there is a plan modification) the change in household status will change the expenses/standard deductions side of the equation at the same time it changes the income side. Changes in expenses may outweigh the additional income and lower payments. There are also cases where additional income changes a debtor from an income/expenses test to an IRS deduction test where the standard values are higher than actual expenses;again creating a lower monthly payment. There also is the very real possibility that more household income means more 'disposable income' to be paid and higher monthly payments. It's going to tale a look at the details to figure it out.

Looking for another opinion can be dangerous. You may like it and ignore your own attorney's good advice.