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insolvency & ancilliary relief

  • dougieriley
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14 Jul 09 #131093 by dougieriley
Topic started by dougieriley
Hi I've recently been desterted by ex who took kids (2) & said she didn't want any money (right!).
I have struggled to cope & have been declared bankrupt in an attempt to draw a line under my previous life & to give me a chance to move on.

I'm sure my ex will apply for ancilliary relief now that I have no income to provide child maintenance my question is how wil this be affected by my bankruptcy?

Dougie

  • mumtoboys
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14 Jul 09 #131096 by mumtoboys
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if you are on benefits, the standard amount deducted for child maintenance is £5 per week. If you have a job, you will be subject to the usual 20% of your net income for 2 children, minus any deductions for overnights you have the children. I assume if you have no income and can prove that, the CSA will assess you as requiring to pay nothing at all. If you are already 'under' the CSA, it would be worth speaking with them sooner rather than later and letting them know what is going on - I have read some horror stories about arrears that need to be paid! You may want to back up any phone calls in writing. If you are not 'under' the CSA, it may also be worth a chat to find out where you stand - contrary to popular opinion, they can be very helpful when they want to be!

  • smalik
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14 Jul 09 #131097 by smalik
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If you have been made bankrupts and have no assets, then she cant get something that you dont have.

If have means of income the she will be entitled to child maintance of 20% of your salary. if there is enough spare money then she would be entitled to maintance.

Get your ancillary relief sorted out before you start to collect more assets.

Good luck.

  • dougieriley
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26 Aug 09 #141517 by dougieriley
Reply from dougieriley
thx for the responses but things are turning ugly .
My ex has applied & been granted an order forbidding to dispose of any assets. this was granted on the 14 August 2009 with a court attendance set for 8th Sept 2009 ,I was declared insolvent 8th july 2009.
Should I just inform my stbx legal team that I am insolvent & not attend ( I have no transport to travel the 200 miles to court)?

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