Another OH with debts

ladybez

Paul, don't worry about expressing your opinions, sometimes an "outside" pair of eyes are needed!! According to CSA if we did split up he would have to increase the money he gives me. However it could cost me in the long run as I work shifts and would have to find additional childcare.
Dinah, thats the English legal system for you!!

Paulgonnabedebtfree

ladybez wrote: »

Paul, don't worry about expressing your opinions, sometimes an "outside" pair of eyes are needed!! According to CSA if we did split up he would have to increase the money he gives me. However it could cost me in the long run as I work shifts and would have to find additional childcare.
Dinah, thats the English legal system for you!!

The CSA may indeed order an increase in money. However, it must be remembered that the CSA (or anybody else) cannot make him give something that he does not have. OK, while he's working, they can eventually ensure that the money is taken from his pay before he gets it - but he must be allowed something to live on. I don't know what precedence is given to pre-existing debts however. Do his debts have to be paid before determining how much he has to live on or do the debts come out of that figure. If the latter, he would probably need bankruptcy as there may not be enough for a DMP.

Dinah93

I believe payments to the kids are a priority debt compared to paying off the credit cards where he bought himself treats, otherwise anyone could avoid paying child maintenance just by buying themselves loads of stuff and using the excuse that he has to service the debt. Although thats kind of what this man has done already.

Paulgonnabedebtfree

Dinah93 wrote: »

I believe payments to the kids are a priority debt compared to paying off the credit cards where he bought himself treats, otherwise anyone could avoid paying child maintenance just by buying themselves loads of stuff and using the excuse that he has to service the debt. Although thats kind of what this man has done already.

That's why I was careful to say pre-existing debts. I imagine a court would rightly stipulate maintenance first and debt servicing after. However, it's not always so cut and dried as that. For instance, if I had been married to and had children with someone I used to live with it would have been tricky. A lot of the debt (in my sole name) was caused by me stupidly subsidising her frivolity. Effectively, to have paid her maintenance and attempting to service the debt would have meant me paying twice in reality. I would have had no issue with helping any children but I would not have wanted to continue subsidising someone who would never change.
I don't believe that's what's happened with Ladybez of course but just pointing out that things can sometimes be more complex than first appears.

Dinah93

Sorry Paul, I missed the vital word.

Paulgonnabedebtfree

Dinah93 wrote: »

Sorry Paul, I missed the vital word.

No problem Dinah.
In fact, my thinking took the same lines as yours did because after my first draft, I could see the possibility of someone racking up debt to avoid maintenance.

ladybez

Coming up to a year since OH told me about this debt. I have paid off 2 credit cards and halved a further one, whilst he has done nothing towards sorting it out. He did decide not to go down the CCA path, surprise, surprise, yet still is not making any inroads into it. He has continued to pay them each month, albeit late but balances remain, more or less the same, so a year older and no wiser!!

Forris

I'm sorry to here that your OH is no closer to taking responsibility for himself. I hope you and your kids have not had to make any sacrifices in order to pay of his debts. Has he at least stopped taking out more credit (although with his payment history it would be difficult at the moment anyway).

I've nothing further to add except to refer you back to all the comments from a year ago. It would seem that they all still stand.