In my experience, no. I had to hand over my house to the cow when we divorced and then I was left with the debts she refused to pay and there was nothing I could do to fight it despite saying to her the best option was to sell the house, by one out right for her and kids and then what was left would pay the debts,she didm't go with that, after all, she got legal aide and I wasn't entitled to it so lost everything and nothing to show for my hard earn money. I'd have a chat with the solicitor about it and ask for the maintenance to be less the debts. If she refuses, tell her she can expect bankruptcy from you as she will lose the house in that case and no maintenance and see what happens. Wish I did that in the first place but didn't know until CSA came after me as she wanted more money on top hence more debt building up, I could had taken that option but it would have meant she lost the house even though we divorced 7 years ago and the kids would have had no house left to live in but if it was just her affected, hell yeah, I would have done it as bankruptcy! Sorry for the long winded rant but beware of ex wives!
IVA completed!!! Looking forward to getting my life back! Stay positive and you'll get there in the end.
Maintenance will be factored into your Income & Expenditure to allow you to continue paying it. Is it a private agreement or an agreement made through the CSA?
Your creditors may object if the maintenance payments exceed the CSA guidelines unless this is as a result of a court or consent order. Otherwise it is fine to pay child maintenance.
Last edited by Michael Peoples on Wed Nov 20, 2013 3:43 pm, edited 1 time in total.
Well we ended up having a private arrangement as soon as she realised I wasn't kidding about the bankruptcy and her losing the house. As long as she tells the CSA thats what she wants, then thats the end of it unless she decides of course to pursue at a later time for more money which means she can then use the CSA again. My ex's maintenance via a consent order was the house so she couldn't come after me for anything else after this but from what I was advised by a GT advisor was that if I had gone bankrupt because of increased CSA payments and her pursuing me further for more money, the house even if it was given to her under a consent order, would still form part of the bankruptcy proceedings. That kinda of scared her so she went with the personal arrangement which has been fine upto now.
Last edited by Helpless121 on Wed Nov 20, 2013 4:02 pm, edited 1 time in total.
IVA completed!!! Looking forward to getting my life back! Stay positive and you'll get there in the end.
It is not easy to attack a consent order in bankruptcy and cases have gone to the Supreme Court. It would be expensive to pursue with no guarantee of success but it could be done with a fighting fund and confident legal opinion.
Yes, your right I think but I was told that as the house fell within the 5/6 year of the IVA at that time, it would of been a consideration. Have to say if I had the funds and or legal aide at the time, I would have fort it for the sake of all other dads out there held to ransom by their ex wives. Left me with a very sour taste about the person I thought she really was, just so she could she could continue to be bitter and twisted by pushing me into a debt/IVA to pay it off and not a care in the world when it came to herself. Its all over now thank goodness but wouldn't want another dad being used like I was.
IVA completed!!! Looking forward to getting my life back! Stay positive and you'll get there in the end.
I am currently going through divorce proceedings and I am hoping to get child maintenance using CSA calculations and spousal maintenance until my children reach the age of 18. I think it might be necessary for my husband to opt for IVA to cover his debts and I'm wondering what affect that has on my child's maintenance and my spousal maintenance.
The judge would be advised of the insolvency of your husband before he makes any determination as to the split of assets and maintenance payments. He can take this on board when making the judgment but the order would be expected to be maintained during the IVA. If we were preparing an IVA for your husband the maintenance payments would be a priority expense and if he did not pay this money he could potentially be in breach.
Any money owed as a result of maintenance would not form part of the IVA or bankruptcy and can be pursued.
Is there no way you can work it so your husband doesn't have to go into an IVA? From my personal experience the impact on my children was unmeasureable and they have grown to realise there was a choice but it was overlooked for bitternesses sake. If you can work it out so your husband isn't liable for everything, that would make for a better relationship in the long run for you both to deal with your children's needs. Sorry your going thorough a divorce and I know how hard it is but I hope your one of those few decent ladies left out there that steps back and sees the bigger long run picture and the impact a IVA would have on your family if he was forced to enter into one because of divorce. Hope it works out for you though.
IVA completed!!! Looking forward to getting my life back! Stay positive and you'll get there in the end.
