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Clare, Solicitor
Category: Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My question intertwines family and insolvency law. My ex husband

Customer Question

My question intertwines family and insolvency law. My ex husband went bankrupt and stopped paying maintenance, but the trustee has told me to enforce payment of it. I have read round the subject- is it the case that when calculating what he could afford to pay in his IPA the trustee first took into account the sum the court has ordered him to pay us as maintenance ie as a necessary expense of his.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Yes I am fine to wait
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Was the maintenance paid via a Court Order or the CSA?Clare
Customer: replied 2 years ago.
It was paid by court order
Expert:  Clare replied 2 years ago.
How much are the arrears and what income does your ex have?
Customer: replied 2 years ago.
£150,000 income and substantial arrears. IPA of £651 per month.Hello I just received your email about being unable to answer my question, because of this I would like a full refund.
Expert:  Clare replied 2 years ago.
My apologies - I have been unwell and offline.
There is no reason not to enforce the arrears using one of the options detailed here
(do not EVER register the Order in the Magistrates Court)
The payment of maintenance is NOT effected by the Bankruptcy - which does NOT wipe out the arrears.
This is your money and you are still entitled to it.
Please ask if you need further details
Customer: replied 2 years ago.

Thank you . can you just spell it out clearly for me that when the trustee was calculating what my husband could afford to pay back for his debts to the revenue the trustee would have first deducted from his available income the maintenance payments as something he has to continue to pay, and then looked at what was left of his income after that as what was available to pay back his tax debts.

Customer: replied 2 years ago.

can i have a reply to my follow up please