Income question for plan paymemt

[Jf24]

Was asking this in another thread and wanted to start a separate one on this

When I call lawyers office I keep talking to the person who is "handling the paperwork" I will be calling and wanting to speak to the lawyer but wanted to get opinions and other facts straight before I call. I get conflicting info from this person.

She is telling me my payment in a 13 is based on my previous 6 month income and I read that is should be based on Schedule I, current income without overtime from months ago. Also tells me to file before I get my tax refund because it will count as income and raise my plan payment amount.


Questions
Was getting a lot of overtime late last year but I have no overtime in the last 2 months so my schedule I should reflect pay with no overtime and my payment should be based on this??? No or very little ot expected in the future.

I should be able to do my taxes, get refund before I file and it wont count toward income for a payment plan? I need to buy an oil burner, should be a necessary expense?? Would this fly?

Want to get my facts straight before I demand to speak to the lawyer himself.

[andy158]

Our income was based on straight 40 hr income only. My wife is salary and her income is consistant. Mine on the other hand includes overtime. Overtime is not guaranteed and therefore was not calculated on our schedules. I work anything from 0 to 40 extra hours per month depending on the time of year and customer demands. You can't keep changing your plan payment based on OT worked or not worked. You would drive your attorney and trustee nuts. If your yearly income shows a trend I could see where your plan payment might change.

Your tax return is considered income in most districts and must be calculated when you file if it was recevied within the 6 month look back period.

[Jf24]

Thanks, thats good news about the overtime. I was getting a lot Sept-Dec but none at all now. I would have to talk directly to tha lawyer about the tax check.