Wifes debts during my filing?

[Mark80]

My wife and I are having a friendly argument over bankruptcy and what happens to her debt payments. In the bankruptcy filing they are taking in consideration of her child support and small income from a freelance writing job she has. However she has not only student loans to pay for, but also a few credit cards in her name that she makes payments on. Since they are sucking every cent out of us to make payments on "my" debts, even though she still has to pay on her own. Is there anyway to compensate for this?

Filing joint wont work as her student loans can't be filed on and she is still in process of school!

Thank you!

[lrprn]

If your wife doesn't file with you, then her debts remain her debts and the two of you have to find a way to pay not only her student loans but her credit cards as well.

Your wife can still get federal student loans even if she files bankruptcy with you. See http://www.finaid.org/questions/bankruptcy.phtml for the details.

[Mark80]

Thats what her question was, how possibly can they take her small wages away to pay on "my" debts when she still has her own to pay on.

I figured it was just how it was, no matter how crappy it seems. But she refused to believe that it would be possible!

[keepmine]

While they do take into consideration her income as part of HH income, she also gets to deduct the debts she is obligated to pay. Point is, she's not going to have to pay any of he debts you discharge in bk unless, they're joint.
Post bk, you have to find a way to raise your income. You can't settle for going back to a paychaeck to paycheck existence.