My husbands ex wife was awarded a £7000 lump sum in their divorce (god knows why), he has no assets as she took the lot. therefore no means of paying it, can it be included in his iva?
This is not part of maintenance to her or the children, that is paid by paying her mortgage. This is just a lump sum of money the judge felt she should have.
Yes - the debt can be included in the IVA, so long as it was a known debt at the time the IVA was accepted. If so, why was it not included in the first place?
You tell me, we are now very angry as if it had been included in the first place we would not be being dragged back to court now. They knew about it from the very start, what can we do now??
I have also responded to your other post. The debt can be added to your IVA but to do this the change will probably have to be accepted by the other creditors as a formal variation. Your IP will have to propose this and as long as 75% of the value of those who vote agree, it will be included. They may well prefer this than risking the whole IVA failing if it is left out and your husbands ex pursues court action.
We are thinking that maybe going bankrupt will be the best answer now, fed up with it all, especially the ex wife keep coming back for more when she got everything and extra, maybe the judge will finally realise he cant afford these maintenance payments if he's bankrupt.
I know it seems hard on you starting your new life with your husband, but the judge would not have awarded the money arbitrarily and by not paying it is his children who will suffer. My father played the withholding money game with my mum - he'll never be forgiven. It's important your husband considers this when deciding whether to go br or not.
My husband would never stop paying for his kids, never. We would set up payments through the csa so they got whatever money they were entitled too. It paying for a grown woman who has her own business and lies to the court about how much she earns that we resent paying for when we struggle to put food on the table for the 2 children that we have, how is that fair when she has enough money to buy her kids laptops, mobile phones and also have her 5th bedroom converted to an en suite for herself. I'm sorry if your mum struggled due to a selfish father but this isn't the same situation, and as i said its not the payments to the children he wants stopped it the ex wife's maintenance thats unjust.
There is no need for a variation of the IVA, so long as you can demonstrate that the omission was one of genuine oversight. If this was your IP's fault, as you had made them aware of the debt, then let them deal with this.
You should take legal advice as to whether this debt could be left behind in bankruptcy. Due to it being part of a matrimonial settlement there could be complications.
Well they definitely knew about it because they kept changing their minds as to whether or not it could be included and held up the proceedings, they finally said it couldn't be and that a payment plan would have to be set up with the ex wife to pay it off which is when they contacted her solicitor and agreed the £60 a month.
I dont really know how they arrived to that decision, think it was something along the lines of it being a court order to pay her the lump sum that they felt it could not be included. My solicitor who i mentioned it all to seemed to think it could be included.
Thinking we will be better off going bankrupt now.
