Bankruptcy and child maintenance???

Boo_Hoo_2

Hi all, sorry if i have put this in the wrong place but im not sure where is best.

Basically to cut a long story short, last night i wrote a letter to my daughters dad requesting he should pay maintenance. He called me straight away to say he is about to declare himself bankrupt so wont be able to pay anything.

I know this is not true and yet another way of him to get out of paying. I could go to the csa (even if he were bankrupt they would dissregard it) and then he would have to pay but i dont want all the ill feeling and rows. I have allready told him he can pay less than what they would say.

So i would like to know that if someone declaires themself bankrupt what are the implications on child maintenance? Do they see this as a bill that must be paid and make allowences for it? The reason i want to know is so that i can go back to him fully armed with the correct info, i cant tell him i dont belive him as it will just end up in a row.

Im really clueless on all of this so any help would be great, thanks.

peachyprice

Hi Boo Hoo,

He can still pay it and yes, he will be able to allow for this in his income and expenditure.

Was the maintenance agreed at court?

BlondeHeadOn

If he is saying he will go bankcrupt and you will not be able to reason with him without a row - I would go straight to the professionals and let them sort it out!

Are you divorced? Separated? Are solicitors involved? How old is your daughter? Let us know a bit more information....

RAS

Boo Hoo

There will be folk on the Bk and living with it sub-forum who have personal experience of putting together and I&E for bankruptcy, and will know the situation.

I would have actually thought that he would be in a BETTER position to pay maintenance after he goes BK as he will no longer need to pay is unsecured debts.

You do not have any joint debts or accounts?

Boo_Hoo_2

Hi thanks for your replys.

We were never married and havnt been together for about 8 years. He is prone to telling lies and i dont belive him about this. For example 8 years ago he only had about a £25k mortgage on a house now worth well over £100, he is still in the same house, job etc as he was then. I have seen no evidence of a life style in which would warrent him now lossing his house which he claims may happen.
Anyway i could go on all day about that, but the point is i do not want to have a huge fight with him about this, its not fair on my daughter (12yrs). If i know the facts about bankruptcy then i can just tell him, ie maybee say to him go ahead declare youself bankrupt, make sure you include your maintenance payments as an expense and they will allow for this when they work out what money you need to live on taking into account that you are paying child maintenance.
Is this correct? If it is he will prob come up with another reason why he cant pay and maybee ill have to ask your advise on that to. If i have to i will go to the csa but only as a last resort and want to try and sort it out between ourselfs first.
Thanks again.

RAS

hi

I would be inclined to check the Land Registry for details on the house -it cost £3 to find any outstanding mortgage and any other secured debt/charges on the house.

say to him go ahead declare youself bankrupt, make sure you include your maintenance payments as an expense and they will allow for this when they work out what money you need to live on taking into account that you are paying child maintenance.

.

That is broadly right but I think you need to post on the BK forum or ring the Insolvency help-line as they may have different attitudes to informal maintenance agreements and those done formally throught he courts or the CSA.

Boo_Hoo_2

I would be inclined to check the Land Registry for details on the house -it cost £3 to find any outstanding mortgage and any other secured debt/charges on the house.

Brilliant idea,:T will look into it now, thanks loads.

Boo_Hoo_2

Oh pants, dont seem to be able to find any info on how to get details of outstanding mortgage and debts, they will say if a mortgage is in place but not for how much. Makes sence with the data protection act that i would not be able to get this info.

Boo_Hoo_2

Oh, and im not sure what/where the BK forum is????

fermi

Boo_Hoo wrote: »

Oh, and im not sure what/where the BK forum is????

It's a sub board of Debt-Free Wannabe.

Link: Bankruptcy & Living With It

I can move this thread there if you want, or you can post a thread there. I would say post a fresh thread myself.

peachyprice

Boo_Hoo wrote: »

If i know the facts about bankruptcy then i can just tell him, ie maybee say to him go ahead declare youself bankrupt, make sure you include your maintenance payments as an expense and they will allow for this when they work out what money you need to live on taking into account that you are paying child maintenance.
Is this correct?

Yes that is correct!

If he has a house worth over £100k and a mortgage of £25k, firstly if his debts are less than the £75k equity he will not be able to go bankrupt, the judge will tell him to sell his house to repay his debts. Secondly, if his debts are more than the £75k equity he has he will lose his house because the official receiver will make him sell it.

At the top of the page there is a link to the 'Bankruptcy & Living with it Forum' come on over.