CCJ income and outgoing figures

[389shell]

Not at this stage just yet, but when it comes do we have to put the income and outgoing of person named or household? i only ask because hubby got a CCJ last year and they went ballistic when he turned up with just his figures, they made him pay a huge monthly amount as they said as I worked we could afford it!

 

Thanks in advance.

[goodatresearch]

Who went ballistic, the court or the claimant? Legally you are not responsible for your husbands debts. Personally I would have just put down my contribution to joint expenditure.

[389shell]

The court, even thought the paperwork clearly stated 'your' expenditure. He did just put his contribution down which is what I couldn't understand.

 

He reckons he's putting my finances down on this one, not a chance!

[goodatresearch]

Sometimes the court clerks will say you have to put your spouses income down. This is incorrect. What if the spouse refuses to divulge his income? They cannot summons the spouse to court to insist they divulge income details. He should have sent the relevant form in to vary the order, inputting joint expenses, your fair contribution to joint expenses, ant his sole expenses.

[goodatresearch]

Plus of course his income.

[Andyorch]

What if you split up:madgrin:

[goodatresearch]

On divorce, a court had no power to apportion debt between the parties. If the debt is in his sole name he's the only one responsible (although on divorce the court can award one party more or less capital to take the debt into account. The liability for the debt would however stay with the originalarty)

[goodatresearch]

Typo, meant original party

[Andyorch]

On divorce, a court had no power to apportion debt between the parties. If the debt is in his sole name he's the only one responsible (although on divorce the court can award one party more or less capital to take the debt into account. The liability for the debt would however stay with the originalarty)

 

 

I am aware of that....... merely stating a fact when income is assessed as per the posters question

say they are not married so no divorce debt settlements?

[goodatresearch]

They are married. Could you make your question a little clearer

[Andyorch]

Im being hypothetical lets say there were not married......

[goodatresearch]

If the clamant knew the defendant was living as part of a couple, and the partner was working, they would be right to expect that the partner was paying towards joint expenses, therefore freeing up some of the defendants income to pay the debt.What they cannot do is insist that the partners income is used to pay the debt.

[389shell]

Thanks for all your input, I get where they are coming from now.

[Andyorch]

Yes its to get a balance of the debtors in put from their income balanced against the total income.