ch 13 and getting married

[owoody]

I have a friend that is thinking about a 13 since She can`t file a 7 because of her income.Question is What happens if she ever gets married? Will they then use his income to boost up the payment or will it stay the same based on her own personal income?
Thanks

[lrprn]

Your friend filed Ch 13, not her new husband. His financial affairs will not be impacted by her filing if they get married.

However, if your friend gets married during her active Ch 13, her lawyer will likely advise letting the trustee know because Ch 13s are forward-looking for income on Schedules I and J.

Her lawyer will work up a modified Means Test. Her new husband's income will be counted into the Means Test, but the key is to make sure he doesn't contribute any of his income to running the household after they get married.

This way his income that is added in on the Means Test is subtracted out in full leaving your friend with her original income and expenses. Assuming those haven't changed much since she filed, her Ch 13 payment won't change much either.

Have your friend discuss the possibility of getting married before her Ch 13 is discharged with her lawyer to see what may happen in her local court with her trustee.

There are threads here in the forums about people who did marry during their Ch 13. A search is likely to unearth them for some first-hand accounts.

[despritfreya]

Getting married during the course of the 13 may or may not impact the Plan payment through Schedules I and J. It does not impact means testing as that only applies to the 6 months prior to filing. If the new spouses' income contributes to the household then maybe an amended Schedule I and J will be needed. However, along with the additional income comes additional expenses (including the new spouses personal bills such as credit cards, auto payment etc.) and, as a result the net effect may be nil.

In my jurisdiction I sometimes have my clients execute either a pre or post nuptial agreement and then live by it. If such is enforceable under State law, the Bk Court must honor it.

[owoody]

Thank you for the answers.She is dating someone and doesn`t have plans to marry anytime soon,but it could happen within the 5 year plan.He makes Alot more money than her and she was just wondering how it would affect him. She has an appt with a lawyer on Friday to discuss a 13,but knew I could get a quick answer here....Thanks again