Head of household wages and Overtime

[blackomega]

Hi again....... I appreciated the response on my last question and now I have another. Fate works in strange ways and now I am being offered quite a bit of OT just before my wife will most likely file C7 BK. Quick background so noone has to look it up. I filed for BK in 2009, wife refused to file with me, long story, she regrets it now since she will most likely be sued soon for a card we held jointly which for me was discharged in 2010.

Now we were worried about coming up with the funds to file and fate steps in and I have an Overtime offer at my job for quite a few hours. I doubt even with the OT we will have any issues with the means test, but that aside it means that while we now will have the money to file when we want to. I will also most likely have between 1k and 2k left above our bills, attorneys fees, and filing fees. The Overtime is only for 4 weeks but I think that may leave me in a pickle if I take all of it. Based on my last question and the replies I got, I opened a seperate checking and savings account at the same bank we use in my name only in case we couldnt file before they sued and attempted to garnish the joint account. The joint account only has my wages and my spouses unemployment check going into it. She withdraws her unemployment out to get food for the family the day she gats paid and I only moved 200.00 (which is all we had) over to start the new accounts.

I know that based on FL statute 222.11 that all of the head of households wages are 100% exempt from garnishment if they can be traced to such wages for a period of 6 months from when they are earned. So how would a nonfiling spouse's (my) wages be treated? Would the 6 months exemptions apply for me for the entire amount I have? Would half of it be in danger if I took that much OT? Any insight would be appreciated.

Oh and my job is applying a bonus of $10 for each item of work I clear during the OT period which would be paid in an amex gift card. How would that be treated? It would show as wages/bonus on my paycheck with the appropriate taxes taken out. I could just work enough OT for the BK/attorneys fees and nothing more if I choose but we could use the money if we want any kind of christmas this year for the kids. The BK would be filed for sure well before then.

Would love to hear HHM's thoughts if he is around.

[blackomega]

I think I understand how the wage exemption applies, its 100% exempt up to 750/wk for up to 6 months. So still a question is since she is filing and not me, how is my income treated? It was wage garnishment being completely exempt unless otherwise agreed tio in a written document that was confusing me.

[AngelinaCatHub]

You filed as a separate person. She will be treated as you will be when you filed on your own. As long as the account is in your name only, they can't touch it. As household income it may be counted towards her numbers but the creditors should not go after it. Your debts and assets are not her debts and assets in the legal sense of this situation. You have not used any of her cards, correct? This card is one that you only were discharged from, right? Then they cannot go after you. 'Hub

[blackomega]

Thanks for the reply hubs. She had 3 cards until we stopped paying in 2008 due to the financial problems we had. I was ONLY on this card, but as I said it was discharged for me in my C7. The other 2 cards she had she used herself and for the good of the household. I can't say she never bought me anything with them so I am not sure if that would matter so much. So in essence the card that was at one time "joint" is now solely hers?

I remember when I filed we included everything we owned even though she was not filing at the time, my attorney never told me to segregate or leave out property that was solely hers....... so when she files she doesn't, other than for the means test, include my accounts and balances, or my own property I purchased myself that is for my own use?