Raise at work

[clobbered]

I'm scheduled to get a bump in pay approx. two months after filing, will this effect things if we're right on the cutoff between 7 and 13.
Also, what about the $5,000 that I'm behind in child support on top of my weekly payment of $133.00. Are both factored in and deducted from my income?

Thanks again.

[Minnymouth]

Okay, problems involving your child support and back owed child support needs to be run by your attorney on how they will be handled in your chapter 13 plan.

Any substantial increase in income (10% or more) should be reported to the Trustee.....

[lrprn]

I'm scheduled to get a bump in pay approx. two months after filing, will this effect things if we're right on the cutoff between 7 and 13.

If you file Ch 7 and the raise comes after filing, it shouldn't matter. In Ch 7 your bankruptcy estate is set on the day you file. However, if you end up having to file Ch 13, then getting a raise can matter depending on your trustee. Some trustees don't care if you get a raise no matter how big it is, some care only if it raises your gross income more than 10%, and some expect to be told about ANY increase. It's luck of the trustee draw in Ch 13, I'm afraid.

Also, what about the $5,000 that I'm behind in child support on top of my weekly payment of $133.00. Are both factored in and deducted from my income?

No matter what chapter you end up in, you will still owe the $5K of child support you are behind. Your weekly child support payment is factored in, but I don't know about the $5,000 you are behind.

Getting legal advice about this and what to expect from the coming raise from 3-4 experienced bk lawyers during your free consultation visits would be a good idea.

[JollyGG]

From the wording of your question I am confused as to weather you owe back child support or are owed back child support.
However if you owe back child support the $5k of child support is nondischargable in a chapter 7 and is a priority debt in a chapter 13.
If you are owed back child support then the trustee will want all the information you can gather about your ex and they will go after the back child support to pay your creditors in a chapter 7. I am unsure what happens in this case in a chapter 13.

[NOMOREBADCREDIT]

From the wording of your question I am confused as to weather you owe back child support or are owed back child support.
However if you owe back child support the $5k of child support is nondischargable in a chapter 7 and is a priority debt in a chapter 13.
If you are owed back child support then the trustee will want all the information you can gather about your ex and they will go after the back child support to pay your creditors in a chapter 7. I am unsure what happens in this case in a chapter 13.

they will go after the back child support to pay your creditors in a chapter 7?

[JRScott]

they will go after the back child support to pay your creditors in a chapter 7?

Yes if you as the debtor file and are owed money from anyone the Trustee can go after that money and apply it towards the creditors claims.

[Boscoe]

I'd keep the projected raise to yourself if I were you, assuming it is the normal 2-5% raise most people get these days. That is, if you do the chapter 7.