I have had a letter today from my ex husbands solicitor informing me that he will not be in a position to pay child maintenace for the next two months. The letter goes on to say that he is due to start a new contract nearer the end of the year and then the situation will be reviewed. With out this income I will not be able to pay my IVA.
Can any one offer any advice as to whether it is worth asking Payplan for a 3 month payment break? The IVA was only agreed in February of this year so I have only made seven payments thus far.
Hi Sus, did they give a reason as to why he can't pay child maintenance for the next two months? Surely the children still need feeding/clothing etc., and so maintenance should be paid in full as a priority each month? It would be advisable to ring your IP and maybe give them a copy of the letter received from the Solicitor. If he was paying the CSA I think he has an obligation to pay? xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
It looks like you may only need a two month break, and Payplan should be using the new styled protocol template which allows for a payment break of up to six months without penalty or the need for a variation meeting.
Lesley; The reason is because his company (Civil Engineering) has lost a major contract with the local council. The CSA did not deal with our case, maintenance was set through a court order and we will have to go back to court to get the order varied, which I am dreading having to do as this will obviously be costly.
Melanie; I will email Payplan and attached a scanned copy of the letter.
Hi Sus - hope Payplan can do what is needed to help you out and that this is only a temporary situation for you.
Regards,
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.
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Is your husband self employed? If so, then you may find the CSA aren't much use BUT if you are going on a court system ( your agreement is less than 1 year old or you divorced before 2002) your ex husband cant vary the payments without applying through the courts. Might be worth writing back to his solicitor to remind him of this.
I believe the OP has said it is a court order, and as such, it will need to go back for a variation.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Thing is, if the order was after 2002 then although a court can issue an order either party can go to the csa after a year. If he is self employed it is more difficult to get maintenance & if the IVA is dependent on this it could be problematic. If it was me I would go to the csa if it's been over a year since the order & my ex was claiming he couldn't pay maintenance.
Just an update on the above. Maintenance issue has kind of been sorted out and my ex will be paying half of what he was paying from December 2010.
However this leaves me with a £400+ per month shortfall. After exploring every avenue I have decided to sell the house to a local private landlord who will allow me to stay on as a long term tenant in order to raise a lump sum to offer in full and final payment.
Payplan are driving me mad over this, they have all the details for over a month now and I am still no nearer having a date for a variation meeting. My buyer and solicitor dealing with the sale are starting to get anxious as things are taking so long. Each time I contact Payplan I am just told that all the information is with the accounts department and these things take time.....
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
It is so frustrating when you're ready to move on and something is holding you up, as Jan says keep pestering and contact your IP direct this is important to you x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
