www.iva.co.uk

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

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.

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.

sorry what do you mean by essential expenditure

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.

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.

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.

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.

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

If anything falls due during an IVA, then it will have to be paid across.

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

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

That is diverting a windfall and I would definately not recommend that!

Totally agree.

It is unfortunate, but it will need to be paid across to the IVA.

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