Comments on: IBR, PAYE, and SAVE Strategy in Community Property States https://studentloansherpa.com/ibr-paye-community-property/ Expert Guidance From Personal Experience Fri, 05 Jan 2024 16:03:40 +0000 hourly 1 https://wordpress.org/?v=6.7.1 By: Michael P. Lux, Esq. https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-11415 Fri, 01 Sep 2023 21:17:16 +0000 https://studentloansherpa.com/?p=8178#comment-11415 In reply to Ben B.

That sounds like an excellent way to take advantage of the community property rules.

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By: Ben B https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-11413 Fri, 01 Sep 2023 19:22:36 +0000 https://studentloansherpa.com/?p=8178#comment-11413 Thanks for the article! You addressed a scenario where the spouse with debt was the lower earner. But wouldn’t there be a huge advantage of living in a community property state in the opposite scenario? For example John is a MD who has 400k in loans and his spouse Julie is a stay at home mom with no debt. Assume John is going for PSLF or SAVE forgiveness and wants to minimize payments. If they filed separately they could split the income 50/50 and half the minimum payment. What do you think?

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By: Michael P. Lux, Esq. https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-10173 Fri, 10 Feb 2023 21:42:57 +0000 https://studentloansherpa.com/?p=8178#comment-10173 In reply to michelle moore.

Michelle,

This is an excellent question. Your understanding of REPAYE is mostly correct.

As the rules stand right now, filing separately does not help lower REPAYE payments. However, President Biden recently proposed a new repayment plan.

This new plan would be a refresh of the REPAYE plan. One of the notable tweaks is that it would allow borrowers to file their taxes separately for lower payments, like the other IDR plans.

Unfortunately, this plan hasn’t been officially created yet. It is still going through the rulemaking process. It is possible that the new feature for married couples doesn’t make it to the final version. That said, I think there is a chance that before this year is over, you will be able to file taxes separately and stay enrolled in the REPAYE plan.

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By: michelle moore https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-10172 Fri, 10 Feb 2023 19:47:06 +0000 https://studentloansherpa.com/?p=8178#comment-10172 This is a great article! I have one question and have gotten many different answers from my servicer. I am on the Repaye plan and wish to file married but separately. Everything I had read online states that this one plan does not allow me to file this status, so I was planning on switching to IBR. But I called my servicer today who is now telling me that as of 2021, the REPAYE plan does allow that filing status. Do you know if this is true?

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By: Heather Tomlins https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-8543 Thu, 29 Sep 2022 18:28:41 +0000 https://studentloansherpa.com/?p=8178#comment-8543 In reply to Michael P. Lux, Esq..

Thank you very much. I will attempt to submit my UK pay stubs along with a letter from my company documenting the foreign exchange rate of annual salary. Fingers crossed it will work.

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By: Michael P. Lux, Esq. https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-8432 Fri, 16 Sep 2022 21:06:22 +0000 https://studentloansherpa.com/?p=8178#comment-8432 In reply to Heather T.

That is a really interesting question. I don’t see why they shouldn’t, but I’ve never seen this approach used before. If it doesn’t work, you may have to come up with some alternative methodology to document your income, but your servicer should be able to help.

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By: Heather T https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-8430 Fri, 16 Sep 2022 20:59:49 +0000 https://studentloansherpa.com/?p=8178#comment-8430 Hi and thank you for this article. We now live (moved from UK) in a community property state (AZ), and we are finalising our 2021 taxes just now. I understand from your article that I can hopefully make the loan servicers understand my actual income, not what my tax return will reflect. (my spouse’s income has inflated my income significantly, and I will not be able to pay the IBR payments).
In any case, will they accept my pay stubs if I am paid in UK pounds? I work for my UK employer remotely.

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By: Michael P. Lux, Esq. https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-6551 Tue, 04 Jan 2022 00:53:21 +0000 https://studentloansherpa.com/?p=8178#comment-6551 In reply to Christy S Meyer.

Based on your description, it sounds like you will not be eligible for PAYE whether you consolidate or not. Likewise, you won’t be eligible for “IBR for New Borrowers” either.

Consolidation shouldn’t impact your REPAYE or IBR eligibility. However, filing separately won’t lower your REPAYE payment.

I know I’m giving you mostly bad news here, but it sounds like IBR is your best option based on your comment. That said, if you have any questions or concerns, I’d encourage you to call your servicer for clarification. They can pull up your account and look at your loans to verify eligibility.

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By: Christy S Meyer https://studentloansherpa.com/ibr-paye-community-property/comment-page-1/#comment-6550 Tue, 04 Jan 2022 00:35:44 +0000 https://studentloansherpa.com/?p=8178#comment-6550 Hello. You were kind enough to answer a question of mine several weeks ago. I have one more question before I consolidate my loans.
I have two consolidated FFELP loans from 2006 which together are approximately $25,000. I have one unsubsidized and one subsidized loan from 2006 which together are approximately $22,000. I have two subsidized and two unsubsidized loans from 2007 which all together are approximately $63,000. Will I be eligible for PAYE, IBR or PAYE after I consolidate these federal loans since some originated prior to 2007 or will my new loan date be the date of consolidation. I am preparing to consolidate and want to utilize a plan where I can be married and file taxes separately. I appreciate enormously your answers. Thank you.

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