Ex Enforcing Bankruptcy, possibly Incarceration

Divorcing

HI All

During divorce proceedings (which are still ongoing and listed for final hearing next summer!) had a Judgment debt made against me for none payment of maintenance and their costs of over £10k.

I simply cannot afford the maintenance alone, let alone make any payment towards the Judgment debt and have been threatened that they are going to seek my incarceration and bankruptcy.

I understand it is unlikely the Court will incarcerate me if I simply cannot afford to pay and am paying what I can, is this correct?

On top of the Judgment I have Credit Card Debts of around £10k that I am struggling to pay each month so bankruptcy may be my only option. I say this as I understand an IVA would not suffice as they would have to agree to it.

If I am made or apply to be made bankrupt:
- Can I continue to represent myself in the final hearing etc.
- Does the Judgment debt form part of the bankruptcy and what happens after bankruptcy, is that debt cleared or is it still owed.

Any advice gratefully received

MEM62

By maintenance do you mean financial support for your children? If so this is usually set as a percentage of your income and therefore should be affordable. If you are struggling is it possible that your income was overstated/estimated when the award was made?

Divorcing

No it is Maintenance Pending Suit, the award was way too high and that has resulted in the Judgment debt but there is no avenues of appeal for that so now concentrating on what will happen going forward rather than that.

antrobus

Divorcing wrote: »

....I understand it is unlikely the Court will incarcerate me if I simply cannot afford to pay and am paying what I can, is this correct?...

As I understand it, 'yes', if the Court believes you honestly do not have the money. You can get imprisoned for Contempt of Court for failing to comply with a court order, if the court believes you are taking the mick.

See: http://www.familylawweek.co.uk/site.aspx?i=ed111018

Divorcing wrote: »

....
If I am made or apply to be made bankrupt:
- Can I continue to represent myself in the final hearing etc.....

You can continue to 'represent yourself'. Although if you have been made bankrupt all your assets are vested in the trustee, not you, so the trustee would no doubt also wish to represent the interest of creditors.

Divorcing wrote: »

...- Does the Judgment debt form part of the bankruptcy and what happens after bankruptcy, is that debt cleared or is it still owed....

I know that CSA debts are non-provable in a bankruptcy, i.e. the debt is not cleared. You'd have to ask a solicitor as to whether or not the Judgment debt qualifies as non-provable.

longtermplanner

On top of the Judgment I have Credit Card Debts of around £10k that I am struggling to pay each month so bankruptcy may be my only option.

You need to stop paying the your credit cards and pay the maintenance instead. Offer a token payment of £1 a month to each CC.