unemployment benefits and repayment plan

[wrenegade]

I'm counting my wife's unemployment benefits as income in the means test because I doubt our trustee will approve the Social Security Act argument. But my understanding is that unemployment benefits are exempt "property" in South Carolina.
Does that mean that while the means test shows plenty of disposable income, the income that is coming from unemployment benefits ultimately will not have to be factored into the amount ultimately going to unsecured creditors?
Thanks for your help.

[tjs1970]

i too would like to know the answer to this

[lrprn]

Does that mean that while the means test shows plenty of disposable income, the income that is coming from unemployment benefits ultimately will not have to be factored into the amount ultimately going to unsecured creditors?

Since you are filing alone without your wife, you have to add in her income (and in your case, you've decided this includes her unemployment income) at the first part of the Means Test. However, then later in the Means Test, all of her income that is not directly contributing to the running of the household will be subtracted back out. Only what she is regularly contributing to the running of the household will be factored in and impact how much of a Ch 13 payment you will have.

Regarding whether your wife's unemployment income does need to be counted as income or not....this is a question you need to ask your lawyer.