bankruptcy & being married

peaslet

I have suddenly been stung by the CSA to take £400 per month towards arrears of arond 14K - don't ask how it got to that - they just seem to pluck figures out of the air. Anyway, this will completely sink me - I wouldn't be able to met all my minimum payments and that's without living expenses.
I'm married and my husband has a house in his name which I've never contributed to.
Are his assets taken into account in my bankruptcy proceedings.
Also will the CSA arrears be included in my affairs when I go bankrupt because I notice they can't be part of an IVA.
Many thanks

debt_doctor

Hi, you need to go to one of the debt charities before you go bankrupt ( CAB etc ) Ask them about beneficial interest and how much csa can take as monthly maximum payments ( I know its 5% of your nett income if you have an ongoing obligation, ie normal payments towards the children plus 5% nett income towards the arrears ) Cant remember the calculation if children have grown up so it's 'arrears only'.

Best

DD

tigerfeet2006

Good advice as always DD

You can contact any of the Debt Charities in my signature. The judge will ask if you have taken expert advice so it's best to do this first. We can then support and advise once this has been done.

whizzwanaB

Gosh, get really good free advice before you do anything. The citizens advice beaurau offers great free advice and how you can sort it all out but also talk to independent advisors who can tell you how to go about it.

Also speak with someone in your local council to see if they have anyone who can help you. It may also be helpful to write a letter explaining your plight to your local MP and ask how he can help you (isnt that part of what they're there for?)

I wish you a wallet full of good luck.

Emmzi

spam reported (wasn't sure if youhad)

betterlatethannever

i had emmzi....

peaslet

debt_doctor wrote: »

Hi, you need to go to one of the debt charities before you go bankrupt ( CAB etc ) Ask them about beneficial interest and how much csa can take as monthly maximum payments ( I know its 5% of your nett income if you have an ongoing obligation, ie normal payments towards the children plus 5% nett income towards the arrears ) Cant remember the calculation if children have grown up so it's 'arrears only'.

Best

DD

Thanks - the CSA told me only the council tax and rent are protected and they can take 40% of nett income after that (its 15K arrears though where they got that figure from is anyone's guess). I've argued the toss with them again today but they're not budging. They're making me pay it off over 3 years and even if I go bankrupt I'll still have to pay it off at that rate. I filled in the CCCS form and that recommended bankruptcy!
To make a bad situation worse, I made my husband fill in the CCCS debt advice form as well and it recommends bankruptcy for him also (on his own income & outgoings)!!!
What a disastrous week - this time last week I was celebrating because I'd got my credit rating up to good!