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Where will payment come from in ch 13 case where I'm not working?

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    #1

    Where will payment come from in ch 13 case where I'm not working?

    Well, I should say that I'm working contract to be more exact, and DH is working full-time (salaried). What would the judge order in this situation? My hours range from 0 to 20 or so hours a month, and right now I only have one "client" and am paid on a 1099 basis. Would the judge order the money to come out of DH's paycheck? In GA I know the judge requires the money to be directly sent from the employer...it's not an option to send a personal check or other form of payment.

    Thanks.
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    #2
    In our situation, we were given the option of deciding who's paycheck it would come out of. Since I was making the most money at the time and had the secure, full time position (hubby was still part time and still could not find full time work over one year after a layoff), we used my job. However, it turned out we were able to send in certified checks each month to the Trustee instead of having payroll deduction based on my request that since I just started a new job I would feel awful approaching payroll/HR about this and my attorney was able to get the Trustee to agree to us sending the payment in. Our state also requires payroll deductions but it appears there are certain circumstances where one may get around that if the Trustee agrees. Whether or not you will be given the option to choose who's paycheck it comes out of is something that your attorney can advise you, or if they take it from the person with the higher pay or full time job.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006
    "A credit card is a snake in your pocket"

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      #3
      The trustee has to make some exceptions, not everyone has a traditional "payroll" kind of job, after all. Ours wants a payroll order 1st, but if you can't do that, then you can propose some other method through your lawyer. They can even be split up, in our case it was originally going to be a certain amount through my husbands and then some through mine, but when he hurt his back and went on disability it got switched to 100% coming ut of mine.
      Filed CH 13 September 17, 2007
      Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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        #4
        We were just told we would be paying such and such amount. After we filed, we got a package from the trustee stating how much to pay each month, where to send it and when.
        Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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          #5
          i'm self-employed, so i send in a check every month.

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