Child Maintenance and Bankruptcy

Beth2

Hi .

Thanks to the fabulous support and advice given in this forum I am now nearly 5 months into my bankruptcy and feeling like a new person!

However an interesting “problem” has arisen...... my ex who has long dodged the cms has suddenly started communicating with them. Whilst I don’t actually anticipate that he will be pinned down long enough to make any payments, what would happen if he did ? Would it change my SOA or is it kept serperate as money for my child?
Also what if he were to actually pay his arrears , currently at around 10k? Would that be seen as a windfall payment and go straight to the OR? Or is it not counted due to be child maintenance? All hypothetical at this stage but thought it’s would be a good idea to manage my expectations before I start planning on taking my daughter to Ikea for a new bedroom. :rotfl::rotfl:

Minkym00

Unfortunately I would imagine the OR would claim the £10k. Their argument would be that the £10k was owed to you pre-bankruptcy and that, had you been in receipt of it, you could / would have put it towards lowering your debt. So, by claiming for the benefit of your creditors, they are putting that right.

If you did receive regular maintenance then you may be reassessed for an IPA. The argument being that the money is to go towards the expenses of bring up a child/children which includes feeding, clothing, roof over they head etc, not just to be spent on them alone.

TheGardener

If maintenance payments would be classed as income and form part of the calculation as to whether you will have an IPA or not. If you are not currently paying an IPA the OR can instigate one before the 12 month anniversary of your BR - but not after. So if you ex starts paying now - then the OR can adjust/start an IPA. If the ex doesn't start paying until after your 12 mth anniversary, then you get to keep it.

As for the arrears - well that is an asset in bankruptcy and in theory, the OR can go after your ex as someone who owes you money. The OR might have more clout than you when it comes to persuading the ex to pay up...