financial advice needed plse

peppermintpaddy

I'm 5 Yrs Separated And Have A Decree Nisi But It Won't Be Made Absolute Until The Financial End Is Sorted Out.i'm Worried That I'll Be Financially Worse Off And I Need Some Advice Regarding A Final Financial Settlement-if I Get Anthing! I Really Don't Have Any Idea What To Ask For.my Ex Has Never Paid Maintenance For Our 2 Kids.(1 Has 'adhd'and Is 11 The Other Is Nearly 15 And His School Fees Are £85.00 Per Term)we Live In A Housing Executive House,get Full Rent Benefit £58.80,income Support£210.11,dla(me)£226.40 - Which Is Up For Renewal In Sept 2006,child Benefit £113.60,free School Dinners And Legal Aid.i Don't Know Wether To Ask For A Lump Sum,or Weekly Payments-which Will Least Effect My Benefits Or Which Is The Best All Round - Including Coming Off Benefits.and Do Either Effect Legal Aid?i Really Would Appreciate Your Advice,thanks.

Savvy_Sue

Do you have a solicitor? If not, I think you need one ...

ALI1973

I agree with Sue, you need a solicitor. Can I just ask why ur ex doesnt pay for his kids?, I would have thought that for your own self esteem it would be better for you not to be on benefits, but I understand that this means that ur ex will need to participate in the financial upbringing of his offspring, and that may be difficult.

You can always contact CAB, or do the Benefits Agency offer any advice?

Sorry can be any more help.
Love Ali

Savvy_Sue

OK. Sorry if I was a bit abrupt when I first posted, and welcome to the boards!

I think the entitled to website might be a good place for you to look. Also what's a Housing Executive house? And where in the UK are you? That might make a difference.

So, if your ex isn't to be found by the csa, where's the money for any financial settlement going to come from? Is it possible he'd pay a lump sum to get you off his back? Doesn't sound as if he'll make regular payments for maintenance, even if there's a court order in place.

There are limits to how much you can have in savings before it affects your benefits, the limits go up in April. You'll find some information about that here, which is also a useful post in the event (seems unlikely) that the money is supposed to be coming from the sale of your former shared home.
But if there's really not a snowball's chance in hell of seeing any of this financial settlement - and you're the one who'll know that - there really isn't a lot of point losing sleep over it. Your solicitor should be ensuring you're NOT worse off, but I can't see how you could be, whatever is agreed!

Actually, I think you'd find the Benefits board a useful place to look around. The people over there would know which of the benefits you're currently on are means tested and which aren't. I know IS and HB are both meanstested, and that CB isn't, just not sure about DLA.

ALI1973

Hi again,

I can only really think of ensuring that you are claiming all that you are due, as Sue says it looks unlikely that your Ex would maintain payments even if ordered to do so.

Does DLA still come in different level payment? if so are you able to up your claim, (sorry trying to remember what my Dad claimed), also could you get a Mobility Allowance (my Dad had this to provide transport in the form of a monthly payment).

Really sorry, Im not much help here, but one thing I would look into is if your solicitor is actually helping you!, to tell you to find info for yourself seems a bit mean to me.

Best of luck
Ali

Js_Other_Half

I assume you live in Northern Ireland? And that the Housing Executive home means that it is rented from the council?

I would suspect that either option of money each week or a lump sum will affect your means tested benefits of Income Support, Housing Benefit and free school meals.
The lump sum will be counted as part of your savings - but like some of the others I am not sure what amount is ignored.
The weeky payments won't benefit you particularly as the DSS will keep most of it - as you are on IS.
Obviously your DLA would remain unchanged.
Does your ADHD child have DLA?

Talk to your solicitor again - or perhaps Gingerbread or CAB could help?

Js_Other_Half

Link of info re claiming DLA for ADHD:-
http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?147-9104-3224+swopshop

You can get DLA for caring for someone whilst in receipt of it yourself, so don't worry about that.

You really do need to get better advice from your solicitor - eg can
the 'clean break' money be put into a pension? That way it may not count as income re means tested benefits, etc