What will the OR think?

NewStart09

Hello
I recently went BR in March, thanks to my DO and his failing business, I was foolish enough to be a silent partner in the business, and was never paid anything or had any influence in the company. Had I not been I would not have had to go BR. I would have been in debt but nowhere near the BR level.

3+ months later, I would like to split eventually divorce my DO. As we are both still undischarged, what will the OR think or care about?

I am already being taking for a ride by my DO, as he is a pensioner, whilst I am self-employed, he has refused to pay any portion of the bills for the last 2 months and keeps all his money to himself, he even gets the Childbenefit and keeps that, I have to go cap in hand to ask him for anything and really resent it, having to ask for it that is, and the answer is always no.

Please advise, as I am sure he will be offered ED before me as he is just a pensioner now, whilst I am self-employed, my business does not earn a lot only about £20k, I am sure the accountant will tell me it is not viable in September, but I don't want to give up incase I find another client.

Thanks in Advance
NewStart09

He tells me the OR cant touch his pension money, and I should just live with it.

I am very unhappy knowing that he sits on a reasonable sum every month, whilst I struggle to pay everything. The last thing I want it Baliff's at my door because of him, I have been through enough this last year.

debtinfo

im not sure exactly what you are asking, the OR wont have an opinion of whether you should split or not

philnicandamy

or is this concerning your Ex's pension? if this is the case then you need to contact your OR's office & let them know your concerns

although.....NO guarantee he'll receive an ED its not always a conclusion

DON79

hi, are you still living together, if so I would recommend moving out if you can, then he will have to pay the bills.

Or if you have to stay and he won't pay the bills, then the thought that springs to my mind is a lock on the fridge and cupboards. If he doesn't pay or contribute then he doesn't eat. Confiscate his lightbulb so he has no lighting in his room and can't run up the electric bill.

re the child benefit - it is paid to the person who is the main carer of the child generally, is that you? You should be able to change this with the benefit agency because if he is withholding the benefit from your child and basically they are not benefiting from it but he is, then that is wrong. Try calling the child benefits people for advice to see if it is possible to switch it to you and your bank account??

Time for you to get tough with him!

fiveyearplan

It should be easy enough to change the child benefit to you and have it paid into your sole account. Child benefit is supposed to be paid to the mother for that exact reason.

tomterm8

NewStart09 wrote: »

Hello


3+ months later, I would like to split eventually divorce my DO. As we are both still undischarged, what will the OR think or care about?
.

There is no provision whatsoever in the bankruptcy law that enables your OR to have an opinion on this, that prevents you getting a divorce, or kicking the !!!!!! out on his ****.

Once you have kicked the !!!!!! out, inform your OR, as your financial circumstances will have changed.

EDIT: forgot to mention, speak to a divorce lawyer, you are probably entitled to a percentage of his pension. Oh happy days.

NewStart09

Thank you for everyone who has replied.

My question was in reference to how this would effect my bankrupcy SOA, as I have struggled to pay everything, to be honest I have spent the money I put aside to pay my company tax bill because of him.

Though I have British citizenship now, I was not when I had our first child. He told me I was not entitled to have the child benefit paid to me. I remember having to sign the right over to him. I didn't think it was right at the time, if I was not entitled than why did I have to sign it over. He now has the money go into an account only in his name. I was furious when I found out, but this is only one example of many times he has shafted me over the years.

I have told him it is over and that when this tenancy is up I will take the kids and go my separate way, he rubs it in my face that the OR can not touch his pension money, and if I don't like it than tough.
The sooner he is out the sooner he can pay his own way rather than screw me.

It the mean time I am so annoyed that I have gotten myself into this situation, for the first time I have enough money to stand on my own two feet, and the reason why I don't ring CB or the OR is that he threatens to ruin my reputation with my clients by phoning them and spreading lies about me.
Saddest thing of all for me is that up until 3 months ago, I had a excellent credit rating and no missed or late payments, so when I went Bankrupt the OR must have found that part bezaar. I only went bankrupt because he was so heavily in debt 70k+ and I only earn 20k a year, I tried desparately for a IVA but they (CAB) told me it was not viable.

Now 3 months later down the line just when I thought things would get better, I realise just how difficult and how the bankruptcy will affect me for the future, the fact that I have this dead beat husband who doesn't seem to give a toss as he is too old for it to have any affect on him.

Thanks for letting me vent.:)....I have so dispaired over this recently.
NewStart09

skylight

Ring the child benefit office in the morning and ask them. I was not aware you could sign your right away to child benefit but you can sign for the money to be paid elsewhere.

As to your SOA, its not really going to make a lot of difference. You will have to tell the OR your circumstances have changed but as you will now be the one paying everything on your own then the SOA is not going to leave a large surplus. If you want to, post your SOA up here for us to pick at once you have dumped the weasel.

Of course, you will also put in a claim through the Child Support Agency. As he is claiming a state pension they will deduct £5 per week off him directly. Now, its not a lot of money I know, but its the point - you are making a stand that there is something you can do about it and he cannot continue to bully you and there is nothing he can do.

pleasegivekarenadvice

Because of your status at the time, you would have no recourse to public funds.However now that you are british you MUST call child benefit....there will be an immediate hold on the benefit so he wont get it.once the CB team have all the proof they need for your citizenship it will be backdatd to you.Best of luck to you.

single+2angel

pleasegivekarenadvice wrote: »

Because of your status at the time, you would have no recourse to public funds.However now that you are british you MUST call child benefit....there will be an immediate hold on the benefit so he wont get it.once the CB team have all the proof they need for your citizenship it will be backdatd to you.Best of luck to you.

That is not entirely true. If a child is living in the UK than you can claim Child Benefit for it. You only need to apply for a national Insurance card and off you go. For Child Benefit purposes it does not matter what nationality you are. If you are responsible for that child upbringing and you live in the uk then no one can refuse you the child benefit. On that note, even those immigrants receiving it who 've been refused exceptional leave to remain.
OP: My advice is to you to Get rid of the b****r. ASAP.
Good luck to you with your Life.Be strong!
x s+2a

NewStart09

Thanks to all those who have replied, I will look into this as soon as we finally separate, I have already applied for Social Housing, but am low on the qualifying listing. I am hoping I will be upgraded once I have a separate address from him.

Newstart09