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Hi
Am looking for some advice.I am going to start by giving you some basic background about myself and ex wife
Myself
I had a consent order in 2013 which was agreed that I should pay global spousal maintenance @ £800.00 adjusted by RPI every year, with the former family home being transferred 100% to my ex wife. We have 2 children, 1 aged 9 and the other aged 6
Since the consent order was made I have endured real financial hardship which has resulted in my company going into liquidation and me personally going bankrupt in May this year. I am working full time.
My ex wife
As previously mentioned. She has 100% of the family home. She had worked full time during our entire relationship, even after having both children.
In October last year she was made redundant spanking her redundancy money on a car and holidays and chose to fine a new part time job 3 weeks later.
In January this year shortly after my Company went into liquidation I applied to the courts to Vary the amount for Global Spousal Maintenance. I contacted the CMA who advised me what to pay which meant that the remaining amount of Spousal maintenance to be £526 per month.
I went to court last week.
my solicitor advised me that due my bankruptcy the likely outcome would be that the courts would ask my ex wife to maximize her earning potential as through our entire relationship she had worked full time. and that I would be given a nominal payment order which once my personal finances improved would allow my ex wife to vary the order upwards if she got into financial difficulties.
Regrettably this did not happen. The judge instead ordered that I pay my ex wife £300 per month even though I was only running at a surplus of £22 per month. the judge said that I needed not to where Contact lenses! saving me £52 ordered that I cut my fuel bill which is at £180 per month and food bill from £375.00 per month. to find the remaining £247.50 which is completely ridiculous. I have a battered old car and do over a 1000 miles per month just going from work to home. I need to be able to get to and from work which only leaves me with food to cut down on which means that I would only have £127.50 to spend on fuel... I cant reduce my rent and other utilities and have done all I can since becoming bankrupt to reduce all outgoing expenses. What makes me even more frustrated all my outgoing figures where agreed by the bankruptcy service. The applied a No Tax code which meant any income tax paid by me ussally would be paid to the creditors as I had less than £50 surplus money.
To make the matters worse he ordered that I repay £2700 in Spousal payments arrears in 28 days fully knowing that I am bankrupt and have no form of credit facilities
Can anyone please advise me what I can do.. I simply cant afford to do what the judge has ordered. I need to find an additional £300 to pay spousal maintenance and in the next 28 days find £2700 to pay for the arrears....
Any advice would be seriously appreciated as i feel I am in a position that I cant move forward from
Hi
I'm afraid that I can only suggest you have a word with yuor solicitor as this is spousal maintenance and has been ordered by court, so only a court could vary that again, as far as I am aware.
Hi there
What an awful situation for you. What has your solicitor advised, are you able to appeal the decision? Can you speak to the bankruptcy service again?
Unfortunately I have no experience of situations such as yours, I just wanted to say how much I feel for you. You could try contacting A debt advice charity such as Stepchange, here's a link
www.stepchange.org
All the best
Hi There,
.
I have limited knowledge of this, and can only suggest what has been said, speak with the bankruptcy agency again, and maybe ask them to give something to help with an appeal through the courts.
.
GTTS
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