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huge debts built up by ex patner and unable pay full maitenance

(4 posts)
  • Started 2 months ago by cameronpoe
  • Latest reply from mr.pink

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  1. cameronpoe
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    I split up with my ex wife 8 months ago due to excessive debts that she built up in my name, I am currently paying off these debts with no help from her even though they are matrimonial debts and have paid her a regular maintenance amount for our 2 children. I receieved a letter from the csa in Mid January claiming that I had to pay an additional £70 a month as they had been in contact with my works and asked for my earnings even though they had not contacted me beforehand. I advised that them due to the increase I would not been able to afford to pay the debts and I would have to go bankrupt and becuase I work in a bank I will lose my job as a result. They advised that as the debt was built up on credit card, that legistlation does not cover this debt and that Im not entitled to a variation. Upon speaking to the csa they advised me that I had not paid anything in the last 8 months, even though I could prove it through my bank records. Eventually they agreed that I had been paying her and then thy tell me she has now dropped the claim. I paid her my normal rate yesterday and today I have had a new call saying that she has put the claim in again and that If I dont provide my bank details within 7 days they will put a deduction of earnings in for me. Could someone advice me my best course of action.

    Posted 2 months ago #
  2. mr.pink
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    According to CSL108 (p10), credit card debts are not considered. I don't understand why they want extra unless what you told the CSA about your wages was incorrect.
    You have to send the info so they can formulate your maintenence calc.
    Maintenance starts when the CSA advise the NRP so no backdating is allowed. If she has cancelled the first claim, this should be considered a fresh application. There is little room for manouver, especially for someone on PAYE who can't afford to take an extended break from work.

    Posted 2 months ago #
  3. cameronpoe
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    I pay less than that what I should each month, I basically give what I can afford. My ex wife is aware of the debts as she built them up and orginally agreed for me to pay less. Since we split she continued to build up further debt in her name by going out every weekend and now she is claiming extra from me to fund that lifestyle. The debt was built up through her wayward spending and I will continue to pay this off for another 5 yrs, even though my solictor has advised me she is legally responsible for it I cannot force her to pay it, yet Im being forced to pay extra maintenance when I cannot afford it. In my opinion I am paying 3 times the normal rate of maintenance in covering this debt and paying her the regualr amount. T

    Posted 2 months ago #
  4. mr.pink
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    If the Solicitor is of the opinion that she is liable, then she can be made to contibute.The CSA are not interested in your problems, they only want money so if you get your ex to contibute, she'll be a little more cautious with the swag.

    Posted 2 months ago #

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