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child maintenance

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(@phoenix2)
Active Member
Joined: 13 years ago
Posts: 7
Topic starter  

I have asked my Trustee this question but I have not had an answer. My son lives with his Dad and he is at high school. At the moment my Trust Deed does not include the payment of any maintenance. My ex-husband is now not working and I know they are really struggling. He has asked about maintenance but it is not part of my Income and Expenditure at the moment. I am trying to get a slightly better paid job to be able to pay maintenance and also pay the same amount into my Trust Deed and I have asked my Trustee if this would be acceptable. I have been in touch with the Child Support Agency and they have given my guidelines on payments amounts. Is it OK to pay child maintenance?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hello pheonix2.

You'll probably need to negotiate this with your trustee.

Maintenance payments don't sound unreasonable, and in certain circumstances you might be forced to pay it anyway.

Your trustee will just need to weigh up the consequences for your creditors in light of any changes that might result.

You may need to keep on at them until you get an answer.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@phoenix2)
Active Member
Joined: 13 years ago
Posts: 7
Topic starter  

Thanks TDA, I will try again to get an answer.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Your ex-husband may have a legal right to be paid maintenance and your being in a trust deed has no bearing on that. So your trustee cannot stop maintenance being paid if it is due, however it may have consequences for your trust deed if you cannot maintain the level of payments that were initially proposed.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@phoenix2)
Active Member
Joined: 13 years ago
Posts: 7
Topic starter  

Thank you Kevin. I recently applied for a better paid job and will be able to pay maintenance and also increase the amount that goes into the trust so I am hoping this will be acceptable to my Trustee. I have written to them with a revised Income and Expenditure based on what I expect my increased income each month will be. The payments into my trust will be more than doubled. I don't suppose this means I can finish the trust early does it??


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

No the trust deed wouldnt finish early unless you repay your debts in full, plus trustee fees, plus statutory interest (currently 8%).

Good luck with the job.

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi pheonix2.

Paul is correct. The effect would be that your creditors would get more back from the trust deed than originally envisaged.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@phoenix2)
Active Member
Joined: 13 years ago
Posts: 7
Topic starter  

Thanks for all the advice. Much appreciated.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

No problem phoenix2 - congratulations on the new job, and good luck.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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