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Bankruptcy & Maintenance

If my husband goes bankrupt how will it affect what he pays his ex wife in spousal maintenance. The children are 18 & 22 but he still pays her 800 per month by court order.
Of all the things I have lost I miss my mind the most
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Comments

  • RAS
    RAS Posts: 34,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are they still dependant on the ex-wife?
    If you've have not made a mistake, you've made nothing
  • Not completely, one is at uni and the other has finished uni and is working full time.
    Of all the things I have lost I miss my mind the most
  • RAS
    RAS Posts: 34,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Maintenance payments that are court ordered are allowed in the expenditure side of an IPA, but I would have thought an OR might query why he is paying for non-dependants.

    Certainly I would and I was the object of maintenance payments for much of my childhood. They officially stopped when I went to university, although the courts indicated that they would have continued them if my mother had pursued it.
    If you've have not made a mistake, you've made nothing
  • why doesnt he go back to court about it, certainly the payment for the 22 yr old should stop, he/she is working and independent, the 18 yrd old could get a part time job, some kids need to neet the real world
    Now we all know how it felt to play in the band on the Titanic...
  • His ex wife will pursue it as she has done for 10 years. The original order was for 1000 per month reduced to 800 when we had a child of our own. The maintenance order is maintenance for her even though she works full time and lives in a mortgage free house. (We know that his percentage of the house will be included) But not sure how they will react to maintenance level.
    Of all the things I have lost I miss my mind the most
  • why doesnt he go back to court about it, certainly the payment for the 22 yr old should stop, he/she is working and independent, the 18 yrd old could get a part time job, some kids need to neet the real world

    Whilst I agree with what you are saying the order is quite specific and says the maintenance is spousal maintenace but regarded as nett of CSA payments so whilst he had to pay a part of it through the CSA when those payments stopped she wanted the full amount. We can't afford to take it back to court especially with bankruptcy looming.
    Of all the things I have lost I miss my mind the most
  • stop paying her

    greedy cow
    Now we all know how it felt to play in the band on the Titanic...
  • Could you stop paying and let her take it back to court? I admit I have no legal knowledge in these kinds of things, but I really don't understand how your OH can be expected to pay her that much money forever! Surely there must be a cut off point? Or does he have to support her forever?? Even when the kids have left the childhood home for good? Why does he have to support her?

    Sorry for all the questions, I'm just a bit shocked. I'm sure there are good reasons for some of these court orders, I just can't think of any!
  • If my husband goes bankrupt how will it affect what he pays his ex wife in spousal maintenance. The children are 18 & 22 but he still pays her 800 per month by court order.

    if your finances (or OH's) are such that you/he are/is considering going BR then the ex needs to know the games up, end of, an ex-parrot, etc.

    shame but hey, sh*t happens, i feel for her

    we had the CSA fail us and did a deal with the AP, they paid half the £6000 owed and walked away, we had to get on with it, will your OH's share in the ex-joint property fall to the OR?....oh dear me, what a pity, never mind. lovely boy
    Now we all know how it felt to play in the band on the Titanic...
  • Yes his share in property will fall to OR worth about 90k so that will please her. Thought about doing a deal with her before hand but would prefer to see her suffer when she is told property is too big and she will have to either buy him out or scale down. She likes her ivory tower so she is gonna have a !!!! Christmas just like us.....
    Of all the things I have lost I miss my mind the most
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