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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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C Maint, S maint & IVA

  • alarmguy
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14 May 07 #244 by alarmguy
Topic started by alarmguy
Help!, i have just entered into an IVA due to trying to live on credit cards whilst keeping up with my maintenance payments,

now things are even worse,
with an income of 1700, maint payments of 630, and now an iva of 750 plus utilities and food etc, im having real trouble keeping up with payments,

the s maint agreement says once there is a partner living there for 6 months that part will end, however he lives there every weekend and is having post delivered there (a friend is their postie)she has even had to ask his permission to upgrade their home entertainment system (which the kids let slip), the house has been decorated throughout and a nice shiny new leather sofa is in place and a newer car now sits on the drive
i have to work away and i may only be home a few nights a week but im seen as co-habiting, what can i do?

i have no problem paying the child maintenance what so ever and if i could afford to pay the full amount to her i would (just for the peace!)

i dont think i can get legal aid as i "earn" to much, and im at my whits end, sometimes i think it would be bettter if i wasnt around anymore but thats just silly!


any ideas?

  • tigstheterror
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15 May 07 #253 by tigstheterror
Reply from tigstheterror
Sorry to hear of your circumstances,i am in a similar situ albeit my husband has left me with 18k of debt and earns in excess of 6 grand per month while i survive on £500 incapacity due to an accident at work!! I looked into an iva and couldn't afford the repayments! Had you tried the CAB before going for an iva? also there is a website you can try fsa.gov that gives info.I would reconsider the iva if i were you.Have you also tried claiming back unreasonable charges from the credit cards (s)?You can actually freeze interest and claim back all charges placed on credit card accounts that are deemed unreasonable!! I think you need advice too on lowering the spousal maintenance,you should surely be able to plead your case,you need money to live on!!! I hope any of this helps,take care.
Just take some advice and see if you can cancel the iva and offer lower payments,might be woth a try.:)good luck.

  • Monitor441
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16 May 07 #275 by Monitor441
Reply from Monitor441
Alarm Guy.

There are a number of things you can check out to see if he is cohabiting. Is she claiming 25% discount for her council tax? If she is, you can anonymously put the council fraud team on to her and they will investigate. Is she claiming working family tax credit? Put a tax fraud inspector onto her. If the post is financial stuff (bank accounts, credit cards etc) a credit check on his name at your house will show if he is known at that address. If it is positive, take it to your solicitor

M441

  • DownButNotOut
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16 May 07 #276 by DownButNotOut
Reply from DownButNotOut
I have to say alarmguy that the IVA payment per month is pretty high.

I have 30k debts (credit cards/loans) and have managed to get all interest frozen and am paying around 150 per month.

I have agreements with each creditor and as long as I stick to the agreements then they leave me alone.

I simply could not afford to pay them anymore as i have to pay 60% of my salary as spousal maintenance pending suit.

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