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Maintenance Pending Suit. What is your experience?

  • Heart2
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29 Mar 23 #520784 by Heart2
Topic started by Heart2
Any advice regarding making an application for an MPS? On paper, the spouse shows no disposable income however marital debts require paying until the house sells. What is the likelihood of a judge making an order in the interim? Would the judge consider spouses' available credit or personal funds made available by the family?

  • hadenoughnow
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01 Apr 23 #520802 by hadenoughnow
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A lot depends on circumstances. MPS would normally depend on a: need and B: ability to pay. I very much doubt that a court would expect third parties to contribute. Available credit could be a factor. If the debts are in joint names failure to pay would impact both credit ratings. If possible it would be better to agree a plan for dealing with the debts pending settlement rather than getting the courts involved.

Hadenoughnow

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01 Apr 23 #520806 by Heart2
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Thank you your response. If they had a credit card availability of £8k could they be expected to access that?

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01 Apr 23 #520808 by hadenoughnow
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I guess it could be argued that it is a resource. The thing is that MPS is about immediate short term income needs so it may be that increasing the debt burden would not be seen as a good idea.

Hadenoughnow

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01 Apr 23 #520809 by Heart2
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I had thought about increase in debt but it would be short term. If they have come to debt agreement on some debts but not others could that be argued?

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