ex threatening to go bankrupt - csa

[notsohotchic]

Ok, so I got sick of my ex paying me only £260/ month (1/3 what he should) and keeping our jointly owned property (where he lives) on interest only mortgage when he is on £60,000 before tax.I asked time after time for him to pay more money, he took no notice. Now I have told the csa I want to persue it through them. They have been in touch with him. He is now threatening to go bankrupt. He has about £30,000 debt to his name which he keeps saying is half mine (absolute lie) and there would be £60,000 equity in the house, (if sold at its 'value') between us.
This seems to have really driven him mad, worse than not seeing his children. He keeps ringing me, sounding drunk, (he is an alcoholic) saying he doesn't want me and my bf using his money to take kids out, telling me he thinks he's dying, is off sick with stress.... I have told him that I would negotiate with him and stop csa if he pays enough. But his behaviour suggests he is really not mentally stable, so how can I trust him? I guess he's threatening to go bankrupt because then I would lose the equity from house too - revenge for my instigating break up 3 years ago. He was always so motivated to provide for the children and now he doesn't see them much(due to alcohol) he is willing for them to have nothing? Any ideas? A familiar tale?

Going bankrupt would be an incredibly stupid move. He won't be able to get any credit cards and will have to give up any he already has. He won't have access to his bank and building society accounts. He won't be able to borrow money. It would be a stain on his credit record for at least 6 years after he was discharged and may affect attempts to get a mortgage for much longer. And that is if the court would agree to him going bankrupt in the first place.

You wouldn't lose your equity in the house because he goes bankrupt. The house may be sold to realise his interest but you are still entitled to your share of the sale. Of course, the house may be sold at less than value.

Going bankrupt will make absolutely no difference to the amount the CSA would collect from him.

If you were married, whether the debt was in his name or joint names makes no difference. Your assets, his assets, joint assets, your debts, his debts and joint debts are all taken into account when working out the final settlement. So he is, in a sense, right on that point. But for the rest of it, bankruptcy would be shooting himself in the foot.

thanks prh, that is helpful. We were not married. I think ex has already had to stop having credit cards for some reason, or at least thats what he suggested. He said he wants to give up his job anyway. I do think this is all him bluffing because he likes to have money etc. I think he is trying to put me off using C.S.A..

He is trying to put you off using the CSA. You have my sympathy - Good luck with everything.

Giving up work, going bankrupt etc to avoid child support are common threats made in the heat of the moment but not carried through that often. I wouldn't be intimidated by threats because that leaves the way open to more of the same behaviour.

Before involving the CSA you can try reasoning that children of separated families often do badly because they don't have as much money so paying child support is one of the most important contributions a parent can make towards their children's welfare.

I'd be interested to hear why he is living in your joint home with such financial mismanagement and instability. You don't want him to do something silly that eats away at your share of the equity. Go and see your lawyer about how you own the house. JT or TIC is important. If you show an 'individual' interest, a trustee in bankruptcy would not be able to touch your share if the ex partner were be so silly as to declare bankruptcy. You may also feel that this is the right time to liquidise your share of the house and possibly decide on taking more to offset against his missed maintenance payments. Good family lawyers can negotiate great deals sometimes!

Best regards

Sassa