Shift differential

[BKKimOK]

1 day after my meeting of creditors and I’m already regretting this.

My meeting of creditors I feel went bad yesterday. I feel the trustee hates me and is going to make my life a living hell for the next 5 years and I’m so stressed.

My question, is a shift differential considered a bonus or something? I always get a small check on a different day of the month due to a shift differential. I disclosed it and the stubs to my lawyer and they didn’t tell me I wouldn’t get that, only my annual bonus and incomes taxes would be taken. I checked my differential today and it’s all been sent to the trustee too. I’m super annoyed and frustrated.

[justbroke]

You'll have to talk to you lawyer about what the amount of your monthly (bi-weekly, or semi-monthly) payment. Usually they don't send "all" of something to the Trustee. You would have a wage deduction order (WDO) and that would specify a specific amount per pay period.

[BKKimOK]

You'll have to talk to you lawyer about what the amount of your monthly (bi-weekly, or semi-monthly) payment. Usually they don't send "all" of something to the Trustee. You would have a wage deduction order (WDO) and that would specify a specific amount per pay period.

I get paid once a month at the end of the month, then get the differential toward the middle of the following for the month before. Last month was my first payment and it all came from my big check at the end, but like I said, that was my first payment and the order might not have come before the differential last month. Perhaps they took the differential, then the difference will come out of the big check later this month. I just hope they don’t view the differential as a bonus and take the full plus the differential as well. I’ll just have to wait and see what happens. I do know that differential was added to the plan as monthly income and part of the schedule J.

Thank you for your reply!

[justbroke]

They can't tell the difference. Your payment is set either by your initial plan, or by negotiations before configuration. Your confirmed plan will have your final monthly payment, unless your attorney setup a step plan.

In any event, this is a fixed amount. It does not change. This is why Chapter 13s require consistent and stable income because a wage deduction order will just say "Employer, send $750.50 each pay period to Mr. Trustee from receipt of this court order and continue until you receive another court order ending the deduction." I have never ever seen a WDO that says to send anything over a certain amount.

[Carmella]

I agree to talk to the attorney about it. Could they be taking money from the differential as they would a paycheck? I get paid every other week not monthly and I had a set amount coming out each paycheck.

[BKKimOK]

I don’t quite understand all the lingo you’re all using, I’m brand new at this! My attorney seems to think the difference my differential didn’t cover will be taken from the main check at the end of the month, so that’s what I’m hoping.

my differential will never be the full amount, so I just assumed they would take it from my main paycheck.

Again, I’m just unsure if they are looking at that as a bonus. Are bonuses ordered to be directly given via payroll deduction also or when (because I get one annually) I get one, do I send myself if they want it?

maybe this is an issue with my payroll itself?

[Barbisi]

I am so glad I am sticking with the Forums even after the discharge and closing. Shift differential pay is something I have never heard of, and I am pleased to continue to learn all kinds of new things relating to financial situations, LOL!
Seriously though, BKKimOK, I hope you get this worked out in your favor and I do hope your trustee is easier going and less harsh than ours was and will not make your BK13 years hellish. Good Luck!!!!

[BKKimOK]

I am so glad I am sticking with the Forums even after the discharge and closing. Shift differential pay is something I have never heard of, and I am pleased to continue to learn all kinds of new things relating to financial situations, LOL!
Seriously though, BKKimOK, I hope you get this worked out in your favor and I do hope your trustee is easier going and less harsh than ours was and will not make your BK13 years hellish. Good Luck!!!!

I had never heard of it before working where I currently work, but it’s a nice gesture! If only I didn’t find myself in this situation! Thank you for your positives vibes. Here’s to hoping all grumpy trustees show a little mercy on us all when we’re already down and out!

[justbroke]

A Wage Deduction Order (WDO) is the order from the court requiring your employer to deduct a certain amount from each paycheck. Usually it will state a per pay period amount or a per month amount. If your employer is doing this based on a per pay period (or per pay check) and there's an extra check outside normal payroll, this could be the issue that you've seen. I can't tell you what that means or if your employer will self-correct.

For example, you are paid bi-weekly. That' 26 payments per year. If you receive these differential payments outside the normal pay period, causing additional pay checks, this may be the problem.

However, you need to talk to your attorney and/or look at your WDO to see how it is worded. You'll then need to see how your employer applies the WDO to your paychecks.

[flashoflight]

Any chance the trustee will agree to being paid directly from you? Neither the trustee or the debtor will be able to fix this goofy payroll method.