Plan Payment and Stepping Down at Work

[chelle]

My husband and I are in a Chapter 13. My job is not going so well. I have been in my current role for nine years and the job itself is becoming overbearing. Even though nothing has been communicated, we believe our role will be eliminated within the next 2-3 years. What will happen to my 13 payment if I choose to step down, making $5.00 less an hour, within the company? Do you think since it is my decision to take a lower paying job that the trustee will keep my payment the same or do you think a modification to the plan would be justified?
Anyone ever go through this?

[lrprn]

What will happen to my 13 payment if I choose to step down, making $5.00 less an hour, within the company?

Your trustee can't force you to stay in any job. Talk to your lawyer to get an idea of what to expect if you decide to move into a lower paying job.

Do you think since it is my decision to take a lower paying job that the trustee will keep my payment the same or do you think a modification to the plan would be justified?

Everything depends on how the lower salary impacts your disposable income calculation on the Means Test and Schedules.

Ch 13 plans (including confirmed ones) can be modified when there is a significant, ongoing, long-lasting change in income or expenses. Again, this will be something to discuss with your lawyer.

Anyone ever go through this?

Sure. Life doesn't stop just because we're in Ch 13. Jobs are still stressful, people change, situations change. Five years is a long time - stuff happens. Work with your lawyer to sort out your best options in this situation. Good luck whatever you decide to do!