Seems unfair that my partner has to pay into my IVA

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Steve.11

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Post by Steve.11 » Fri Apr 25, 2014 2:39 pm
i'm 2 & a half years into my iva and have recently changed jobs and am now on a lower income however my iva provider wants me to pay more as my partner now works however the iva is in my name only the debts are in my name or my name & my exwifes and have absolutely nothing to do with my current partner it seems unfair that she should have to pay towards it and have less to spend on her own children than before she started work its causing escalating problems between us, What can I do ?
 
 

Michael Peoples

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Post by Michael Peoples » Fri Apr 25, 2014 2:43 pm
I think I answered this on another post but basically your IP cannot take your partner's surplus income. If your partner wants to help you maintain the payments due to your income dropping that is fine but otherwise she has no obligation to your debts.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

martinw

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Post by martinw » Fri Apr 25, 2014 6:43 pm
The fact that your partner now works allows her to contribute more to household bills. Creditors will want to see all members of the household contribute a fair amount to household expenditure.

If for some reason your partner can't contribute as much as is assumed letting the IP know why may help.

This may mean that your disposable income goes up and hence your repayment, this doesn't mean your partner should be paying into the IVA.

Martin
 
 

MelanieGiles

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Post by MelanieGiles » Sat Apr 26, 2014 12:01 am
I suspect that the IP is not after the partner's surplus income, but merely wants Steve to pay more as his share of the household expenditure will be less due to his partner's new income.

Is this the case, Steve?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Steve.11

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Post by Steve.11 » Tue Apr 29, 2014 3:28 pm
hi, thanks to everyone who has replied to my posts
 
 

Rickne

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Post by Rickne » Tue Apr 29, 2014 4:12 pm
Its effectively the same thing isnt it. You could say your partner isnt paying your debt but things you once paid for with your money like maybe the kids food shop is now gone because the creditors want more due to co habiting and a higher household income. Now your partners income is paying for things you once did. Does this make sense. This is an issue ill face next year. Unavoidable and takes some understanding but I dont like people being told it wont affect your partner.
Completed via Early exit loan on year 4
 
 

Steve.11

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Post by Steve.11 » Tue Apr 29, 2014 4:35 pm
hi, thats exactly it when i had the first meeting with my iva provider i was asked for all of the household income inculding my partners child maintenance from her childrens father and was told the reason for this is because the creditors like to see that there is enough income to pay for the everyday running of the of the household.
 
 

ClareSilver

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Post by ClareSilver » Tue Apr 29, 2014 4:41 pm
The fairest way of doing this is to split the household costs equally proportionate to your own monthly income. IE: If you earn 75% of the household income, then your contribution to the household costs would be 75% and your partners 25%.
 
 

Steve.11

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Post by Steve.11 » Tue Apr 29, 2014 4:47 pm
its a kind of tricky one as the household income comes from benefits, my income, partners income and partners child maintenance
 
 

Rickne

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Post by Rickne » Tue Apr 29, 2014 5:09 pm
My partners income is benefits and maintenance from her other two children's father via csa which isnt a guarantee each month. All my iva calculations have to be set at an average. Which can admittedly be an advantage. She obviously is upset that her kids money is accountable for something nothing to do with her or them. I trust my IP team however to make it as comfortable and fair as possible. Right now I have more than I would of thought.
Completed via Early exit loan on year 4
 
 

martinw

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Post by martinw » Wed Apr 30, 2014 8:24 pm
I think a lot of the perceived unfairness comes down to

1) the arrangements not being fully understood before proposal is put to creditors, especially in relation to what happens if circumstances change
2) a fear/unwillingness to fully tailor the proposal to the individual (whether the tailored arrangements are accepted by creditors is something else).
3) the amount of people who seek to 'game' the system and minimise the IVA repayments

Martin
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