So say you file 13

[jmac]

Get a payment plan based on what you have made the last 6 months to pay for 5 years....If you make more after the plan has started do they take more or change your plan? Hoe would they find out.

[lrprn]

....If you make more after the plan has started do they take more or change your plan?

It depends on how much more income you get after filing and if the income is permanent or a one-time or temporary thing. Each trustee tends to have his/her own guidelines on when your increase in disposable income is enough to request the court to modify your plan. Keep in mind that even if the trustee asks for a modification, you and your lawyer have a chance to show increased expenses and other changes since filing as well.

How would they find out.

The majority of Ch 13 trustees (but not all) ask for copies of your tax returns every year. The extra income typically shows up there.

[jmac]

I work for a company, that can have quite a bit of overtime if you want it. Right now im not working any to show a lower income, but when i do start my 13 and recieve my payment plan if I barley making i would like to be able to work some overtime to help out.

[walkthaplank]

I work for a company, that can have quite a bit of overtime if you want it. Right now im not working any to show a lower income, but when i do start my 13 and recieve my payment plan if I barley making i would like to be able to work some overtime to help out.

Technically anything you make over and above is considered DMI.

That being said, if your district is busy enough... and they're all pretty busy, don't worry about it. You'll just keep making the confirmed plan payments. Occasional overtime is not an increase in income, it is not guaranteed and it would be very difficult to predict for purposes of determining disposable monthly income. If it is completely voluntary, I might want to show very irregular OT. If you start making a very noticeable increase in income, you might pique the interest of your trustee. I have lots of mandatory OT in my job, but sometimes it is tons of OT, sometimes I can go months without any. My lawyer said don't worry about it, keep making the plan payments.

[tigergem]

It really depends on your trustee and your confirmation order.

My trustee wants me to amend I & J within 30 days after I start any new employment. Any! To the extent he made me modify the language in my confirmation order to reflect this. As well I have to turn in my tax returns. I did turn in my tax return in February, but apparently his clerk lost it or didn't file it or ate it, and I got a "reminder" a couple of weeks ago to send it in... so it's not like he would have forgotten about it if I had not turned it in.

Some trustees might be "too busy" to notice, but don't count on that. Follow whatever your confirmation order says to do and your attorney's and trustee's instructions.