Partner's pay rise

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Broke of London

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Post by Broke of London » Tue Apr 19, 2011 1:17 pm
It would definitely be worth discussing this with your IP and having provision for your wife's return to work built into the proposal. The fewer surprises the better! x
 
 

Michael Peoples

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Post by Michael Peoples » Tue Apr 19, 2011 1:32 pm
This depends on whether your partner is in the IVA or not. If she is included she can offer a percentage of the net benefit of her income or creditors can ask for some but if she has no part of the IVA she has no obligation to it. She would need to pay something towards the running costs of the house but she can do whatever she wants with the rest.
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badger

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Post by badger » Tue Apr 19, 2011 1:41 pm
Hi Michael,

she would not be part of the IVA. So I guess the big question is what that 'something' might be. SInce any earned income wouldn't come anywhere near 50% of the household expenses, would it be expected that all of her income goes towards the household thereby reducing my obligations and increasing my DI for payment into IVA? OR would a reasonable contribution be acceptable within standard IVA terms? A realistic example could be, household expenses - £1000, paid by me, partner could get part time job which gives her £200/month after childcare costs. what would your thoughts be on this kind of stiuation?
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Michael Peoples

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Post by Michael Peoples » Tue Apr 19, 2011 2:14 pm
Personally I would apportion the money out. If for example her £200 was 10% of the total household income I would expect her to pay 10% of the household bills. The remainder of the income would be hers. However, bear in mind that child benefit is her income so would form prt of the equation when calculating percentages but ultimately I would not expect your partner to work for nothing.

Do a basic I&E and calculate the surplus income. Then calculate what percentage of the total household income she has and therefore she should have the same percentage of the surplus. Therefore if the overall surplus is £600 and she has 20% of the income she would keep £120 and your IVA payment would be £480.

That would be fair but it would be down to your own IP.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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badger

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Post by badger » Tue Apr 19, 2011 2:20 pm
thanks for your reply Michael, your view sounds sensible and fair as always
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Pennykins

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Post by Pennykins » Fri Apr 22, 2011 2:26 pm
Spoke to my IVA company and they confirmed that 50% of my partner's extra pay is required. So the maximum will be £50 a month. Having said that, with the increases in fuel etc it may not even be that much.
 
 

Foggy

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Post by Foggy » Fri Apr 22, 2011 3:30 pm
Hi again ... well, 50% is better than the lot!! However, I still feel that the IVA should not have ANY call on your partner's money.

Can an expert please address that point?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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jenstown

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Post by jenstown » Fri Apr 22, 2011 3:49 pm
My situation is very similar, my partner has not had a pay rise yet but is due one in the next few momths.

As michael has said ours was calculated on joint total income. The total household expenditure was then divided on a percentage basis i.e 70% of household income = 70% of household expenditure.

50% of your partners pay rise definately does not sound right, it should surely be calculated as above ??

Definately needs clarifying by someone
 
 

Pennykins

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Post by Pennykins » Sat Apr 23, 2011 12:48 pm
Maybe I see things too simply, but I don't have an issue with this. My partner benefitted from my debt so I understand why they have to make a contribution towards it throughout the period of the IVA. If the situation was reversed and the non IVA partner’s income was reduced to a level where I could not maintain the monthly IVA payment, I would then be asking for a reduction in my payments and the opinion that a partner’s income should not be used to calculate payments wouldn’t go down too well then.
 
 

Foggy

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Post by Foggy » Sat Apr 23, 2011 1:20 pm
The main thing, Pennykins, is that you are happy and comfortable with the arrangement, after all, it is your IVA :0)
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Broke of London

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Post by Broke of London » Sat Apr 23, 2011 10:17 pm
Sensible view Pennykins! As long as you are both happy that is all that counts.

In some ivas the solvent partner's income is only included for apportioning expenditure and in others it is included fully to offer DI to creditors. There are couples who are happy with this as debts were spent jointly but only in one partner's name.
 
 

luluj

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Post by luluj » Sun Apr 24, 2011 6:51 am
Still not sure that is right .... Your partners income is there's surely ... The only part of it in your UVA surely is the %towards the household bills etc ... I would keep questioning and seek a second opinion from your company !
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kallis3

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Post by kallis3 » Sun Apr 24, 2011 7:49 am
If the solvent partner has had nothing to do with the debts then they should not be made to hand over any of their money. They just need to prove how much they pay towards household expenses.

If they have benefited then I don't see why they shouldn't help out.
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plasticdaft

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Post by plasticdaft » Sun Apr 24, 2011 8:01 am
Quite hard to work out how much a solvent partner has gained from the insolvents partners debts. If the solvent partner was to kick up a stink I dont know how an ip could force them to increase what they pay towards running house costs.

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kallis3

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Post by kallis3 » Sun Apr 24, 2011 8:06 am
The way I look at is that you may have taken up with the solvent partner after you got into debt and they have nothing to do with it at all. If that was the case, I certainly wouldn't want to be made to pay anything towards it other than my share of household bills.
Sharing from experiences of dealing with debt
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