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Ex wants to make himself bankrupt to stop paying child maintenance

(7 Posts)
taylorellen Tue 06-Mar-12 09:51:17

My ex has now decided he wants to make himself bankrupt to stop paying child maintenance. My question is :- if he is still being paid his £600 per week take home pay, am I still entitled to the maintenance money? Would the csa still take this even if he is bankrupt. After all he has a very high income coming in still.

prh47bridge Tue 06-Mar-12 10:17:16

The courts have decided that CSA payments are reasonable demands on a bankrupt's income and will therefore not make any order that will mean he is unable to meet his obligations. So the CSA will still collect child maintenance for you at the appropriate level. Any CSA arrears will not be written off.

Collaborate Tue 06-Mar-12 11:34:31

I agree. CSA debts are not provable in bankruptcy, so you can enforce any arrears from the pre-bankruptcy era by way of a deduction from earnings order.

taylorellen Tue 06-Mar-12 15:21:04

hi thanks for that. I called the csa and they said that even though he may make himself bankrupt he still is earning (and quite a considerable amount), they said they can force him to pay the appropriate payments. Fingers crossed x

Agincourt Tue 06-Mar-12 15:22:31

yes they will still take maintenance, so don't worry

lindahiggins1969 Thu 27-Oct-16 23:04:13

Hi my ex partner hasn't paid child maintenance for well over a yr he isn't working but living off his split of our old house although i believe this money is hidden 29k he has debtor's chasing him and now says he is going to declare himself bankrupt. Where do i stand in ever getting any money out of him for his 2 children?

Enkopkaffetak Fri 28-Oct-16 20:41:51

Hi Linda you are best of starting your own thread about this issue.

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