means test for chapter 13

[tkk707]

IF my income is below the means average it says i have to file a 3yr plan to repay mortgage arrears. Will the court consider a 5 yr plan instead? Also if a paramour is contributing to my income what are there commitments to the bankruptcy? Can i use their income to move me above the median to file a 5 year plan?I realize all disposable income is to be used. Can i still use income to hire a custody attorney and file custody suits against my ex?

[LadyInTheRed]

The 3 year plan is a minimum length for an under median filer. Your plan can be as long as needs to be to pay the mortgage arrears with your disposable income, as long as it does not exceed 5 years.

Your paramour will have no obligations in your BK. Any money this person gives you on a regular basis is income you have to include in your petition. But you should not list his/her income as your income.

I don't know about the attorney fees for a custody suit. Most bankruptcy attorneys offer free consultations. Consult with a few and put that on your list of questions. Because custody will increase your household size, you might consider suing for custody before filing BK if circumstances will allow you to delay the BK.