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Separated 4 years. He doesn't financially help me so how will I be able to afford the Plan payment if his income is included?

Aiken, SC |

My husband and I have been separated since January 2009. We are not divorce because I have not been able to afford it. He does not provide child support for the kids on a regular basis; he works sporadically on low paying jobs so when he gives money it is not alot. The house is in both of our names though I have paid the mortgage alone for 7 years. I think he will give me check stubs or other info I need if I tell him I need to file bankruptcy to keep from losing the house. If the Plan Payment is based on his income too, I'm afraid I won't be able to afford it because I'm struggling now because the mortgage was based on 2 incomes to begin with and he hasn't helped in 7 years. My question is, how will the Plan Payment be calculated?

Attorney Answers 2

  1. Only so much of his income as is contributed to your household expenses would be included as income. If the amount he contributes is zero, then all his income is excluded if you are separated. Consult with your attorney but it sounds like his income can be excluded from schedule I and you can take the marital adjustment on the means test to exclude his income. Good Luck!

  2. What makes you think you will have to make Plan payments? Meet with a BK attorney to have the numbers run. Good luck.

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