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Need HELP - Situation for Ch13 plan adjustment

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    Need HELP - Situation for Ch13 plan adjustment

    Sorry this is a long post, but wanted to make the situation clear.

    We are currently in Ch 13, having been confirmed 5/2010. We had some life events such as new job & moving that require us to adjust our plan. But, the thing I’m most worried about is the support we are now providing for our adult married daughter & granddaughter.

    Here’s some background:
    Spouse finally found job after being unemployed 16 months. He's been working since 9/2010. Notifiied lawyer & TT immediately, but have postponed plan adjustment waiting on doing taxes, to see if needing to change WH allowances for 2011 & getting more correct future income projections.
    Income for 2010 increased about 6500, & will increase around 18K annually. Our total income will go from about 90K to 108K. Yes, we had a huge CC debt, so I’ll be glad to be done with the BK & be free.
    We also moved from small town to city, otherwise spouse's commuting expenses would not make the job worth having, and he really wanted to work.
    I haven’t done all the work for updating schedules J & I yet, but I think our DMI will change from $356 to about $1000 based on 2 people & new income/expenses of ours. I have been keeping all the receipts & a ledger of expenses based on the Schedule J categories, so I know exactly where we’ve spent our money for the last year.

    Here’s the dilemma I’m having:
    We moved our adult married daughter & our granddaughter in with us when our daughter attempted suicide a few months ago. She’s bi-polar & was having multiple marital problems – her spouse is now in jail & has been for nearly 6 months. He will be getting out later this year, but our hope is that she does not reunite with him – they are not good for each other to say the least, and her suicide is partly due to the nature of their relationship. But, she has said she’s undecided.
    She cannot keep a job due to her illness, & is currently on Medicaid & receives food assistance – about $300/mo. She buys her own food for her & her daughter, but we have been providing other expenses she cannot pay. We’ve only been able to do this because of my spouse’s new job. These include gas, liability insurance, & maintenance for her car, clothing for both, co-pays on her prescriptions, personal care items, essentially just the bare necessities. We give her no cash to spend on anything discretionary. We’re trying to be as un-Co-dependent as possible, but can’t leave her homeless.
    She is still legally married & filed a joint tax return with her spouse because she could not file separately due to insufficient income. Her spouse agreed to split the refund so that she would have money to buy a different car which she desperately needs.
    I’m sure she’ll be losing her Medicaid & food assistance once she re-applies & uses our household income. I don’t know what we’ll do if/when she has no insurance – we can’t afford her medical expenses.
    Her in-laws sold the mobile home they lived in, as it was in their name, so there’s no other place for her to live - plus no income of hers to pay expenses anyway & we could not afford to maintain a separate place for her.

    I don’t know how to treat this situation on our income & expenses.

    Just because she filed a joint return with spouse, does that mean we have to take any of their income into consideration for Schedule J? Shouldn’t I be working with projected income for the household & not include income of theirs from last year?

    As far as I know we can't claim her as a dependent - she is still legally married & did the joint return & claimed our granddaughter as their dependent, so are we able to include expenses for her and our granddaughter or not?

    Then finally, I don’t know anything about Medicaid or food assistance requirements – we’ve never needed them. Does anyone know if she’ll be denied these because of our income, even though we’re in bankruptcy & can't cover her under our health plan - she's 27. I'm most worried about the Medicaid. Her prescription costs alone are huge, and she's been back in the psych ward twice since the suicide attempt.

    I don’t know how long she’ll be staying with us, or if she’ll get a job she can actually manage to keep, or what. We are in limbo right now, just trying to get through each day with her illness & the uncertainty of everything.

    We do have a lawyer, but I’m worried about even bringing this all up in case it screws up everything.

    I'm hoping someone out there has had a similar situation, or knows how to handle one such as this.

    #2
    Originally posted by longhaul View Post
    We do have a lawyer, but I’m worried about even bringing this all up in case it screws up everything.
    You have substantial changes in your financial situation. You need to tell your attorney EVERYTHING and let him do his job which is to get you through your Chap 13 so your debts can be discharged. You gain nothing by keeping things from him.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      And, talk to NAMI - National Alliance for Mental Illness - they may know some of the guidelines for your daughter's income/expense requirements. It is possible she will lose some benefits but I'm not that knowledgeable about that. My son is bi-polar and is on medicaid but he has other issues which prevent him from working and lives with my family who take care of him and claim home health care due to the severity of his situation.

      NAMI may be able to answer your questions. They are nationwide, just google to find a chapter close to you.

      Comment

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