Do I have to claim child maintenance?

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Post by agusia » Wed Jun 24, 2020 4:35 pm
My IVA agency is asking me to seek child maintenance from my ex partner. They want 60% from the payments. I have spoken to my ex and he doesn;t want to pay, he is going through the IVA as well. What do I do? The agency is stressing me about it and I do not know what to do. Can they made me apply for the child maintanance? What if I do not want to do it? If they take 60% from the payments, my house benefit will be cut, meaning I won;t be able to pay my IVA monthly payments, I will have less money. Please help. Thank You for all the replies


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Post by Foggy » Wed Jun 24, 2020 4:41 pm
They will want to maximise your income in any way they can see possible ---- however, something as contentious as maintenance cannot --- or should not, be a forced issue. They have asked you to seek maintenance ... which you have done. And your request was refused. If they insist you take the matter to court ask them if they will pay any legal costs ! I would also point out that forcing the issue could lead to problems with your ex in other ways.

Who are you talking with regarding the IVA ? Are they saying this, or are the creditors ? Have you had a creditors meeting yet ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014


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Post by normanna » Wed Jun 24, 2020 4:56 pm
He should be paying child maintenance whether he wants to or not. The money is for your child so you ought to be pursuing this even if IVAs were not on the horizon. I would have thought his IVA would include a portion for child maintenance if he asked?


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Post by bowline » Sat Jun 27, 2020 5:52 pm
If you get housing benefit you must me renting and on a lowish income? So is an IVA right for you? Have you talked to an expert, not an IVA firm about a debt relief order? Could work much better for you, no payments to make!


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Post by kallis3 » Sat Jun 27, 2020 7:16 pm
I believe the OP may already be in an IVA. However for a DRO you need to not own property or have more than £50 DI a month.
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