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Will Child Maintenance Be Taken To Pay Into A Bankruptcy?
Question:
Separated with two children, never married. Father of children ran up debts on joint bank account and has now been IVA, leaving me to face approx £40k unsecured debt. I have small income from part-time job, plus irregular child maintenance.
If the two creditors won’t accept my offer of £50 each per month and force me to declare bankruptcy will the trustee deduct money from the children’s maintenance?
Answer:
You would only be required to pay into a bankruptcy if you have a surplus of income each month after your allowed living expenses, and benefits are not used to pay into a bankruptcy.
While the child maintenance would be looked at as a part of the household income, it would not be used to pay into a bankruptcy.
From what you have stated, and with two children, I would doubt you would be required to pay into a bankruptcy.
Thank you for letting me help you.
Jon
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Source: Will Child Maintenance Be Taken To Pay Into A Bankruptcy?