“My spouse is not filing Chapter 13, and her income should not be included in my calculation of what I’m supposed to pay to the Chapter 13 trustee. Is there anything I can do to make this less severe?”
The answer is yes. The Marital Adjustment is a deduction that relieves the harsh result of a non-filing spouse who earns considerable wages.
The nonfiling spouse may have expenses on their separate debt, his or her own children, their own car, their own living expenses, educational or recreational expenses. None of those type of expenses go towards contributing to the household and the upkeep of the debtor or a dependent of the debtor, and as long as money is being spent or, for that matter, saved on something other than that then you can deduct that from what the income used to determine the amount the debtor needs to pay every month to the Chapter 13 trustee.
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Thoughts from a Maryland Bankruptcy Lawyer
Ronald J. Drescher
Drescher & Associates, P.A
4 Reservoir Circle
Baltimore, MD 21208
Fax (410) 484-8120
Practicing in Maryland, Delaware, Virginia, Pennsylvania