Dependant children - need advice

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shellmat

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Post by shellmat » Fri Aug 21, 2009 1:37 pm
Hi very newbie here. This could be a long one!
Had 2nd telephone 'interview' for IVA today - prior to drafting proposal. Still think IVA will be best route for us and feeling positive. However, After and during discussion today I was concerned though that when discussing outgoings. It was decided that instead of two dependant 15 year olds to support we now have only one! Our son (15) walked out after a row 10ish weeks ago and is currently 'living' on friends sofa and refusing to come back. As he does not live here he is no longer deemed a dependant news to me!.
He could be back tonight or never but he is still dependent on us financially.
Last month I gave the school friends Mum who he is staying with all of the child benefit we received in July to cover her expenses and we paid for his mobile otherwise would have no contact with him at all. She is now going to claim tax credits and child benefit for him as he has been there for over 4 weeks. We are giving her additional £65/month for his phone, uniform, school trips and general maintenance. So for outgoings we have been given budget allowance for one 15 year old dependent when we are clearly still paying for two.
We can't stop supporting our child because he is not mentioned in the proposal and we wouldn't want to we are his only living parents if hes not dependant on us who is he dependent on ?
We are proceeding with Blair Endersby and have nothing but praise for their service and support.They have done everything just as described on the tin and for that we are grateful.
Just need some clarification on this point about dependant status. Any ideas, experiences very much welcomed, before I receive first draft to check.
Thanks in anticipation.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Aug 21, 2009 2:35 pm
Tell your IP all these expenses and insist that they are listed. Ultimately, you have to pay these things and it may be temporary in which case it can be adjusted later. Affordablity is always key and expenses not on the so called 'guidelines' are allowed if explained. Creditors seek explanations for additional expenditure but your IP cannot disallow things that you genuinely pay, or include benefits that you do not receive or your IVA is not viable and will fail.

The income and expenditure is paramount so do not agree to anything that is not sustainable.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

shellmat

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Post by shellmat » Fri Aug 21, 2009 3:16 pm
Thank you for clarifying. The guidelines were quoted often in our telephone conversation. I will check carefully for actual and revised (because of the guidelines) expenditure when I see written draft. Last thing we want now is to enter into IVA that is not viable.
 
 

MelanieGiles

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Post by MelanieGiles » Sun Aug 23, 2009 1:13 pm
I would personally still work the budget for two adults and two children. A 15 year old is probably likely to return home long before your IVA has been finalised, and as you say you have to cover his expenses as you are still his legal guardians unless a Court determines otherwise, which I would feel is pretty unlikely.
Regards, Melanie Giles, Insolvency Practitioner
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