Paying ex-debts instead of maintenance?

stinking_dylan

My partner and I are splitting due to her financial problems. She has caused me a lot of debt (about £16k in total) from gambling, credit card fraud, cheque fraud, unpaid loans and HP which she setup under my name, etc.

We have two children, and when we split she will be claiming benefits. There is no way I can pass the debts onto her as she cannot get a loan to cater for them. So, I agreed to continue paying for her debts as her child maintenance. She has agreed to this.

But, will the CSA try to take additional money from me? I am currently paying about £250 per month to her debtors, and will continue to do so after we split. The CSA calculator reckons I should be paying £175 per month, so I am already paying over what the CSA would enforce.

Will the CSA get involved even if me and my ex have made an agreement? And if they do, will they take this into account? My current budget leaves me with £94/month spare which is currently being used to pay my own credit card.

thesaint

Until the new system comes into force, you can not make this arrangement when your ex applies for benefits.

To safeguard you paying it twice, I would advise you to pay her the money, and get her to pay it back to service the debts. With her track record, I don't see this happening.

If she fraudulently opened accounts in your name, and committed fraud, I don't understand how you are liable anyway?

MJMum

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kelloggs36

Absolutely MJMum - any money given to the PWC direct will be deducted from her benefits as it will be deemed as maintenance. There is only the option of a Variation on the assessment BUT there are strict guidelines as to what can and can't be taken into consideration. Any debts which originated from a credit card is automatically excluded plus the PWC has to have the benefit of what the debt was for and the NRP has to be liable for it. So, for example, if you bought a car on HP and she kept it, you could get an allowance off your maintenace for this, but if you kept it you wouldn't. You will have to pay the flat % of your income which your ex will only see a tenner of per week. If the debts are in her name, then she is liable for them and will have to come to any arrangement to repay them. She should go to the CAB for advice about it. Likewise for any debts you have which you may not be able to afford. Don't take on what you can't afford to pay, so if it isn't your liability, don't pay it and certainly don't pay her anything directly.

stinking_dylan

I've been in contact with the CSA regarding this. They said they are will not get involved if my ex confirms that I am paying her directly (in the form of paying her debts), but as you said it will affect her income support.

She is willing to go ahead with this as the alternative for her is to have the debt passed onto her, which she cannot afford. The debt repayment is more than what I'm suppossed to pay her anyway, but I'm willing to do it.