New baby...Scenario question

[endisnear]

Ok just wondering how these would be treated....

1. If you're pregnant when you file, can the unborn baby be treated as a dependant??

2. If you have to go C13 route and have a child while still in the C13, what happens then? Can your payments be changed or the whole thing changed to a C7??

[justbroke]

1. If you're pregnant when you file, can the unborn baby be treated as a dependant??

No, but your medical care is something you can claim. IRS Rules.

2. If you have to go C13 route and have a child while still in the C13, what happens then? Can your payments be changed or the whole thing changed to a C7??

You will update your Schedules I and J, and your Form B22C to recalculate your disposable monthly income.

Your payments to the Trustee should go down, unless you're in a minimum plan or are already paying 0% to unsecured creditors.

However, I might be so bold to say that you can submit a Chapter 13 plan which takes the birth of the child into account. That's because you must submit your projected disposable income to the Plan. Since the child would increase your expenses and decrease your plan payments (likely), then you can actually submit a plan which changes the payments in the month you expect to have the child. I don't know if the Trustee would object... but it sounds plausible.

Strangely enough, Roe V. Wade is why you can't claim the unborn child.