Spouse did not file chapter 13

[dazark]

I filed for chapter 13 in July 2013, my wife is not part of the bankruptcy. I am having problem with trustee wanting all DMI 289.00 per month, my attorney agrues that since my wife brings in 45% of family income she is entitled to some of the 289.00 we proposed paying 200.00 per month. has anyone else had this sitution?

[justbroke]

I filed for chapter 13 in July 2013, my wife is not part of the bankruptcy. I am having problem with trustee wanting all DMI 289.00 per month, my attorney agrues that since my wife brings in 45% of family income she is entitled to some of the 289.00 we proposed paying 200.00 per month. has anyone else had this sitution?

It doesn't quite work like that. In a Chapter 13, both spouses income counts in the Chapter 13. The only way to remove your wife's income form the equation is to "offset" the income. This is specifically provided in the Means Test on Schedule B22-C. However, they must be legitimate expenses that are solely your wife's expense.

For example, if your wife did not file, you are not in a community property State, and she had a credit card that was solely in her name, her payments to that credit card would "offset" the amount of income that must be disclosed. In other words, her "personal" debt payments can offset the family income and lower your DMI.

If your attorney finds that the total family income can be offset by the Wife's personal expenses, then you just fight it during the hearing on Confirmation. The Trustee is not the final arbiter on confirmation; it is the judge that confirms your Chapter 13 plan.

So yes, this is normal. It is the Trustee's job to find all the disposable income. Simply saying your wife earns 456% of the family income is not enough to overcome the Trustee's objection. Your wife's income must be "offset" by her personal expenses only. (And it can't be expenses you are claiming later in the Means Test because you count her as a household member!)