means test question

[nrandell]

Let's say a creditor has obtained a judgement against you and your wages are being garnished. Do you deduct those payments on the means test? It was your income, but it's not like you had access to it. Would you put it on line 28, court ordered payments?

Thanks.

[LadyInTheRed]

No. Assuming the garnishment is for dischargeable debt, it is not an expense on the means test. Line 28 is for payments like spousal and child support.

What you had access to before filing is not relevant. The means test is to determine whether you would be able to fund a Chap 13 plan. The garnishment will stop as soon as you file BK, so it would be available in calculating a Chap 13 plan payment.