Maintenance

hugh6989

Evening everyone 1st post so hoping im in the right place quick question just going through bankruptcy info and forms my wife and I are on benefits only income except my wife gets maintenance for her child from the ex every month just been told by some bloke at insolvency  that this money can be used to pay my ipa is this allowed? ? Doesn't seem right that her money will go towards my debt, bank account  in her name solely  my benefits get paid into her account then she moves money to my account for bills etc 
Cheers

mwarby

They are included for purposes of an IPA (going by my reading of the insolvency manual). Is it you or your wife or both who are looking at bankruptcy ? I think if its just you theres an argument that you don't need to disclose her income (not sure this applies to child support though)

Your wife is expected to contribute a fair share towards the running of the household(as are other adults in household). If you decide not to share her income details its normally assumed to be a 50/50 split. Her surplus income isn't claimed say she earns £2k a month and her fair share of household expenditure is £1k she's not expected to give the £1k over to the IPA

hugh6989

Bloody he'll that was quick  lol just me going for bankruptcy so even though the benefits  get paid to her account I don't have to tell insolvency  

hugh6989

That is brilliant  thanks for the info

mwarby

As far as I know she has the right not to share her income with the OR, in some cases its beneficial to do so (if you earnt say £50k and she £25k a 50/50 split would be more contribution than needed(as its more 75/25), which increases the IPA, conversely if she earns more than you a 50/50 works in your favor