After 5 years of court cases

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addbridge

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Post by addbridge » Sun Feb 28, 2010 9:22 pm
After 5 years of court cases it looks like i will eventually get child maintance arrears of around £17000 i would like to give it all to my 18 and 19 year who i think it actually belongs too were with a iva do i stand as i am happy to show bank accounts that it does not benifit me or my husband
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kallis3

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Post by kallis3 » Sun Feb 28, 2010 9:32 pm
I think you need to speak to your IP about this. You may find that this is classed as a windfall and needs to be paid across to the IVA.

Hopefully one of the professionals will be along with some advice later.
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MelanieGiles

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Post by MelanieGiles » Sun Feb 28, 2010 10:13 pm
I am afraid that this money will be classed as a windfall as you do not need it to meet the immediate needs of the children. I would speak to your IP to see if any compromise could be reached with creditors, but you will need to demonstrate essential expenditure to be witheld from the payment.
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addbridge

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Post by addbridge » Mon Mar 01, 2010 11:59 am
sorry what do you mean by essential expenditure
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Bridgewood

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Post by Bridgewood » Mon Mar 01, 2010 4:04 pm
Dear addbridge,

I agree that this amount will need to be classed as a windfall.

I would assume what Melanie means by essential expenditure is expenses such as food and clothing. I think it is definitely worth speaking to your IP about this.

Take care.
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MelanieGiles

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Post by MelanieGiles » Mon Mar 01, 2010 5:53 pm
I meant more like items that you needed to replace such as faulty windows, roof repairs, dodgy boilder etc which would be deemed as necessary and essential to retain out of the lump sum - anything which really you have not been able to do, but which affects your standard of living and health and safety if it goes unrepaired.
Regards, Melanie Giles, Insolvency Practitioner
 
 

addbridge

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Post by addbridge » Mon Mar 01, 2010 7:00 pm
i have spoken to my ip and yes i will have to hand over the money seems unfair as its not my childrens fault i am in a iva and not my childrens fault that there father has never paid a penny since 1999 and thought that by living in america he could escape it.
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kallis3

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Post by kallis3 » Mon Mar 01, 2010 7:04 pm
Do you not have any expenses you could claim for?

It is unfair, but unfortunately those are the rules. It's classed as a windfall.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

kabby3

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Post by kabby3 » Mon Mar 01, 2010 8:26 pm
Blimey I would feel very cheesed off !!! its your childrens can you not claim it when IVA is finished ???? how long have you left ?? Bet you have fought so hard for this xxx feel for you xx
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kallis3

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Post by kallis3 » Mon Mar 01, 2010 8:33 pm
If anything falls due during an IVA, then it will have to be paid across.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

addbridge

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Post by addbridge » Mon Mar 01, 2010 9:50 pm
God i am cheesed off not because i dont want to to pay my debts but because i have been trying to get the weasel for the last 5 years and i am always been open with the kids and have told them from the start that i would get them both on the road and also a little bit put away if we won cause the way i see it the money might be payed to me but it is theirs for all the things they had to do without because of him Dont know were to start in telling them they will recieve nothing
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kabby3

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Post by kabby3 » Thu Mar 04, 2010 6:35 pm
cant you get it paid to them????? ask who knows tell the csa you wouldl ike it paid into there account so they will have nest egg for the furture??? just a thought xxx
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MelanieGiles

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Post by MelanieGiles » Thu Mar 04, 2010 10:00 pm
That is diverting a windfall and I would definately not recommend that!
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kallis3

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Post by kallis3 » Thu Mar 04, 2010 11:18 pm
Totally agree.

It is unfortunate, but it will need to be paid across to the IVA.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

kabby3

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Post by kabby3 » Fri Mar 05, 2010 8:41 am
Opps so sorry just understand how my ex messed up my IVA and I had to adjust payments, sorry if I talked out of turn and gave bad advice x
On the slow safe road to success. Personal thanks to Melanie Giles Kallis Skippy Elv5 and all the other wonderful forum friends.
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