Single IVA and wifes earnings

[David Mond]

But Melanie what if the reason for the husband's indebtedness was that the expenditure incurred was for both of them or indeed for her?

Can a wife with impunity push her husband to spend on her - then husband goes into an IVA without recourse to what the wife is now doing?

I am not sure that more than a cursory look at what the wife's income and personal expenditure is fair in the overaul scheme of things - the spirit of an IVA is missing!

[kallis3]

I wouldn't be happy if it were me and I wasn't in the IVA as I still think it is wrong to punish the solvent partner.

[David Mond]

Not suggesting punishing the solvent partner.
All I am suggesting is an equitable share of the household expenditure based on their respective gross incomes - don't think it would be right that the wifes income could just go up and up and her contribution to household expenditure goes down and down.

[kallis3]

I don't think anyone is saying that though are they? As long as the household expenses are equally contributed to, then the remainder of their disposable income is the spouses to spend as they see fit. I agree with Melanie that the spouse should not have to 'seek permission' as it were to purchase a new car.

[David Mond]

I agree with that BUT in that example the Spouses income went up by £300 - my point is a proportion of that should possibly have gone to cover the household expenditure equation - say 10% or 15% - which would go into the pot., What has happened is the wife has spent that £300 increase on herself!

[kallis3]

I think we will have to agree to disagree on this one, because I still think she should be able to keep it herself.

[David Mond]

Ah - OK - but it is a difficult matter for any IP to judge and consider - as I have said it is the spirit as well that comes into play - the onus should not necessarily be only on the partner or spouse who is in the IVA - depends on each case and individual facts.

Good healthy debate though Jan [:D]

And MUFC won [:D][:D][:D]

[kallis3]

It is good to have differences of opinion on here sometimes, especially when they can be discussed amicably.

You are telling the wrong one about the football - I loathe it![:D]

[David Mond]

I love ya
xxx[:I]
[:D][:D][:D]

[kallis3]

[:I][:)][:)]

[catflap]

Seems like I've started an interesting debate! I was struggling to decide exactly what I should do about this. I still think I should update my IP with my wifes current salary and explain how/why her own debts have increased, but if they come back and demand £100 or more a month I'm going to be in trouble.

[David Mond]

You have started a very interesting debate. Your IP cannot demand any more monies as it has been pre-spent and I don't think on this occasion he/she will disturb it.

[kallis3]

We like a good debate.

I think you will be ok - let us know how you get on though.

[catflap]

I agree with that BUT in that example the Spouses income went up by £300 - my point is a proportion of that should possibly have gone to cover the household expenditure equation - say 10% or 15% - which would go into the pot., What has happened is the wife has spent that £300 increase on herself!

It's difficult to state that she has spent it on herself. The new (used) car was needed to allow both of us to continue to work and thus allow me to fund my IVA commitments. As it has turned out my wife's additonal income removed our child tax credit so this in effect has had to be made up from her increase. Also the new vehicle is now being used more and more by me as I have to drive much further to work and my vehicle is now badly in need of some expensive repairs which we can't afford so it is limping on. Nothing is ever simple and I'm now not 100% comfortable with what we have done but it seemed the only way forward at the time.
I've penned a letter to my IP hopefully explaining the situation and I'll let you know what happens. Thanks for all the advice.

[kallis3]

I'm on your side catflap. I think that she should be allowed to do what she wants with her money.

I hope you get a sympathetic reply to your letter. Let us know.