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T O P I C R E V I E W
krissy58
Posted - 27 January 2009 : 10:59:16 Could you tell me my exhusband is unfortunately going bankrupt and he pays me monthly maintenance for our son through a court order, would these payments remain the same or would this all change? Worried expartner. I would appreciate your assistance.
2 L A T E S T R E P L I E S (Newest First)
John
Posted - 27 January 2009 : 11:26:25 Hi krissy
technically the maintenance payments should be allowable, in full, as an expenditure claim by your husband in his bankruptcy. This would mean you would continue to receive the same sum as before.
However, if the OR feels the court award is high they may look into it further. Worst case scenario is that the maintenance payment is revised in line with CSA rules. The OR would have to try to do this through the court as it would be their decision whether or not to overturn the previous judgement of ancillary relief. Personally I doubt this would happen.
For you info CSA rules state for one child the minimum maintenance payment should be equal to 15% of his net income.
Posted - 27 January 2009 : 11:06:31 Hi Kirssy and welcome to the forum.
Im certainly no expert on this subject, but wanted to let you know when he fills out his monthly expenditure, he will need to account for the maintenence.
There will be someone along in no time to help further, but please try not to worry until you know for sure.
Take care
Jenny xx
Onwards and Upwards is the way im going :-0)
From "Moneyworries" to "Movin On" in 3 months is fantastic :-))
