Quick look back question

[LadyInTheRed]

As a case in point, as I was observing a 341 hearing yesterday, the Trustee had a question about a school teacher's income. While the school teacher earns a paycheck year 'round, it was the Trustee's position that the earning of the money paid in the summer (presumably when the teacher is NOT in the classroom) occurred during the prior nine months. So if the teacher filed on June 1 (and the school year was complete), the teacher would have already earned the wages that she will be paid over the summer months while not in the classroom and therefore that money was under the control of the Trustee as money earned (although not paid).

Yikes. That's pretty harsh. I hope the teacher's attorney is going to fight that one. Teachers work a lot of hours during the school year, both inside and outside the classroom and shouldn't have to get a summer job.

Freddy, I think you need to talk to your lawyer about how the statute is interpreted in your district because at least one court has ruled that what counts is whether the income is received in the 6 month lookback, and at least one other court has ruled that it doesn't have to be rec'd in the 6 month lookback, only derived (aka: earned.

Good catch. I missed "derived". The language isn't so clear after all.