Bankruptcy prior to CSA Assessment Hi, I went bankrupt in March 2009 and the CSA has just contacted me to perform a calculation covering the period 2007 till now. I have paid maintenance over that period at the level agreed between myself and my ex partner, without a court or CSA being involved. If they assess that I should have been paying more am I still liable? I know I am if the assessment had already been made for arrears, but I am wondering whther the law is similar to tax credit overpayments, where the crucial question is whether the calculation was made prior to bankruptcy. Appreciate any advice as this has just hit us out of the blue. Cheers, Jonny
As I understand it, maintenance payments are exempt from bankruptcy proceedings BUT the CSA can only collect any arrears from the date your ex first contacted them & if you can pprove you paid an agreed amount of maintenance it is unlikely you will have any arrears UNLESS she was claiming banefit?
Thanks for that. My ex never puts anything in writing (she's a lawyer :-), but she has never asked for more money over the period. I'll update my posting if I find out anything else from a legal perspective. Not sure of her benefit status. Jonny
Bankruptcy prior to CSA Assessment
Posted - 04 July 2009 : 14:00:01
