Trustee objects to my spouse being SAHM

[lakegamer]

Hi all.

We are in the process of filling chapter 13. The trustiee has objected to my wife begin a stay at home mom. We have two little kids age 4 and 6.

She has not had a job since our 6 year old was born, so its not like she just quit.

I have a good job and we included some overtime in the plan.
The job market is bad out where we live in California, and she can not get her old job back, she was a bank teller.

Our question is this, how does this normally work? Do they impute income for spouses regardless if they have jobs or not? Can they deny our ability to file if she does not work?
The baby sitting expenses would probably eat up most of her income, if not all. My job has long hours and I can not watch the kids instead of a babysitter.

Our attorney has mostly just responded with , we will submit a declaration and we will see. ..

We are kinda worried and my wife is stressed that they will force us to put the kids with strangers.

anyone have any knowledge of how this normally works?

Thanks

Lakegamer

[NoTomatoCan]

Wow. So she hasn't worked in 6 years and the trustee objected? What was the official language of the objection? (Or was this just part of informal negotiations?)

I would have your attorney press the trustee for what they expect or are "looking for". I don't know exactly what bank tellers make, but I do know that daycare for my 2 kids is very expensive. You add that babysitting/daycare expense to clothing, gas, mileage on vehicle, etc... and I would think any theoretical salary from your wife would be gone.

I have to think that if your attorney fought this one (if the trustee even took it that far) then you would prevail.

[newbie2]

I have never heard of such a thing. Something else may be coming in to play here. (Not enough DMI to pay the plan? Paying wifes personal expenses - bills to the detriment of your unsecured creditors?) Hard to imagine that trustee would want to argue that position in front of a judge. (Trustees don't make the final decisions, the judge assigned to your case does) Stay on top of your attorney with this one. Your wife cannot be forced to work.

[momofthree]

Is your 6-year-old in school? If so, I can see why there would be an objection. That said, the industry that she used to work in has gone into a major spiral. I think it's safe to argue that she cannot find a position in her field, and would be forced to take a minimum wage job. Then simply submit quotes for after-school care for the older child and full-time care for the 4-year-old as well as increased gas & work expenses, and you could probably argue that it would provide no additional dmi if she was working.

[NoMoreCards]

Is your 6-year-old in school? If so, I can see why there would be an objection. That said, the industry that she used to work in has gone into a major spiral. I think it's safe to argue that she cannot find a position in her field, and would be forced to take a minimum wage job. Then simply submit quotes for after-school care for the older child and full-time care for the 4-year-old as well as increased gas & work expenses, and you could probably argue that it would provide no additional dmi if she was working.

Very good advice!!!

[tobee43]

ok...i thought i have heard it ALL until just read this post???

what??? can the trustee find your wife a job???

i would petition the court for another trustee...once that's lost their head! speak seriously to your atty....this is an unreasonable request...plain and simple...

[SMinGA]

I'm curious to know more on this objection also.

Did you file jointly or is it a solo plan? If solo, did you list expenses for personal debts your wife owes? I can see that being an issue. Which perhaps you read (indirectly) as an objection to your wife not working?

[catleg]

This sounds a little crazy. Are you over median? Does he think your plan isn't feasible? Can't wait to hear this.

[justbroke]

This is a reasonable Chapter 13 Standing Trustee (Tee) objection. It is actually common for them to inquire as to whether a spouse works and why they are not working. This is question is asked all the time in Florida. Don't get really bogged down by the question anyhow. It's easy to rebut the objection and generally, the Tee is just finding something to object to.

As stated above, the rebuttal is as simple as stating that part time work would yield X and the cost of child care is Y. If Y > X, it serves no purpose to go to work. Simple as that.

Justbroke's study guide: remember, a Chapter 13 Plan of Reorganization can be confirmed over the objection of the Trustee. As a matter of fact, this is how it's done in most cases. The Tee almost always objects to something, but usually the Tee and the debtor's attorney work something out before the confirmation hearing. However, many many cases get confirmed over Tee and creditor objections.

[tobee43]

SM... i hear you, and that makes perfect sense..it was also addressed at our 341, however, the way the OP's wording suggested, was that the trustee was expecting her to go to work. that is how i took it anyway.

[mummsie223]

I was asked by our attorney what my profession was. I told him...SAHM. Trustee asked husband's employment, asked mine and moved on.

That stinks that someone would object to your wife being a SAHM. GEESH. I agree with a PP. I have heard it all now.