Child maintenance whilst in an IVA

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jason664
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by jason664 » Thu Jul 12, 2018 6:51 am
Hi. My son turns 18 in a couple of months, but is carrying on in full time education. Will my payments towards him (me and his mum are separated ) still be taken into consideration by my iva arrangement.
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Foggy
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by Foggy » Thu Jul 12, 2018 6:55 am
You will need to speak to your own IP about this as approaches vary from firm to firm.
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kallis3
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by kallis3 » Thu Jul 12, 2018 8:52 am
Agree with Foggy - you need to speak to your IP asap - you might need to do a new I&E.
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jason664
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by jason664 » Thu Jul 12, 2018 10:24 am
Foggy wrote:
You will need to speak to your own IP about this as approaches vary from firm to firm.

The only reason I haven't already contacted them is incase they say it won't be included, then want to take half of it, meaning I will only be able to give the other half to provide for him. Would it be a better idea to say it's part of the divorce settlement, or just try and factor it in to my outgoings.
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Foggy
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by Foggy » Thu Jul 12, 2018 11:56 am
jason664 wrote:
Foggy wrote:
You will need to speak to your own IP about this as approaches vary from firm to firm.

The only reason I haven't already contacted them is incase they say it won't be included, then want to take half of it, meaning I will only be able to give the other half to provide for him. Would it be a better idea to say it's part of the divorce settlement, or just try and factor it in to my outgoings.


Only say it is part of the divorce settlement if this is true -- they might well ask to see the papers !

You might be able to factor it into other outgoings (£5 on papers, £20 on petrol ... etc) but these figures would still have to be accepted by the IP and creditors and, if they have already been agreed, such increases are unlikely to be accepted.

When the maintenance payment was agreed with your creditors, was any age limit placed upon it ? If not then I would expect (although these are only my thoughts) them to apply the child benefit rules --- payable until 18 unless the child goes on to approved further education up to age 20.
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jason664
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by jason664 » Thu Jul 12, 2018 12:05 pm
Foggy wrote:
jason664 wrote:
Foggy wrote:
You will need to speak to your own IP about this as approaches vary from firm to firm.

The only reason I haven't already contacted them is incase they say it won't be included, then want to take half of it, meaning I will only be able to give the other half to provide for him. Would it be a better idea to say it's part of the divorce settlement, or just try and factor it in to my outgoings.


Only say it is part of the divorce settlement if this is true -- they might well ask to see the papers !

You might be able to factor it into other outgoings (£5 on papers, £20 on petrol ... etc) but these figures would still have to be accepted by the IP and creditors and, if they have already been agreed, such increases are unlikely to be accepted.

When the maintenance payment was agreed with your creditors, was any age limit placed upon it ? If not then I would expect (although these are only my thoughts) them to apply the child benefit rules --- payable until 18 unless the child goes on to approved further education up to age 20.


I kind of assume it's like the child maintenance rules, hence my reluctance to contact them. But if that's what I have to do, it's what I have to do. Thanks for the advice mate, very much appreciated.
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kallis3
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by kallis3 » Thu Jul 12, 2018 12:08 pm
I agree that you have to speak to them. Better to be safe than sorry.
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