Family expenses prior to bankruptcy

April 6th, 2007 by Questions

I have debt of about 75K and I currently have an annual gross income of about 25K. My wife makes about 28K a year. We have one kid. Due to a crisis in her family my wife has been sending most of her earnings back to her mother for the past 6 months. We used to split the expenses 50-50 prior to this crisis but now I’am paying 100% of the expenses and have become seriously past due on my debt.

My wife refuses to stop sending money to her mother even after I explained the situation to her. I don’t know any way that I can force her to pay her share of the expenses.I will have to declare bankruptcy if she continues giving her salary to her mother.

If I declare bankruptcy will there be any issue regarding the fact that my wife has not paid her share of the expenses? Will it be considered equivalent of transferring money to her?

During bankruptcy , they will be looking at family income to determine the amount to be paid to the truste every month. I will be forced to pay the amount out of my income which will cause us to be evicted from our house if my wife does not pay her share. Is there any way out?


One Response to “Family expenses prior to bankruptcy”

, Barton Goth GCO Bankruptcy Trustees said:

Unfortunately, a trustee is not in a position where they are able to force your spouse to pay her share of the expense. But a required component of a bankruptcy is that you attend two counseling sessions and it is recommended that you bring along your wife. While there are no guarantees, hopefully in discussing your situation with a third party your wife will recognize that she will have to rethink how she uses her money.

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