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? 10 Answers as of November 14, 2016

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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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No.
Answer Applies to: Texas
Replied: 11/14/2016
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 11/4/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Depends on language in plan. If you already filed. You may need to next year when you submit your tax returns.
Answer Applies to: Florida
Replied: 11/3/2016
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
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.
Answer Applies to: Nevada
Replied: 11/3/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 11/3/2016
    Stephens Gourley & Bywater | David A. Stephens
    You do not have to include his income if you live apart from each other. If he is paying you any support, you would have to include that sum.
    Answer Applies to: Nevada
    Replied: 11/3/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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.
    Answer Applies to: Nevada
    Replied: 11/3/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    First, look at your order of confirmation. What does it say (if anything) about changes in circumstances? If the case is not confirmed you have a duty to notify the court and the trustee.
    Answer Applies to: California
    Replied: 11/3/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    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.
    Answer Applies to: Oregon
    Replied: 11/3/2016
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you are still married (legally) yes you include same, but you file a Schedule J showing that he pays his own expenses.
    Answer Applies to: New Jersey
    Replied: 11/3/2016
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