Lottery Win

kelloggs36

the actual win would not be subject to child support payments, but the interest earned on it would.

DUTR

kelloggs36 wrote: »

the actual win would not be subject to child support payments, but the interest earned on it would.

What about the departure of earnings, lifestyle inconsistent of income sanction? I know my savings earn a massive 0.1% gross :eek:, after all an NRP could win say £1M and depending on 65-(their age) could live happily ever after financially not work thus avoiding csa payments.

CMAC_2

kelloggs36 wrote: »

the actual win would not be subject to child support payments, but the interest earned on it would.

Under CS1 base assessment only the interest after 52 weeks would count as income. Under CS1 Departures the whole amount over £10k can be looked at, as a rule when this happens the 8% statutory county court rate for interest is applied.

Under CS2 base assessment interest is not included only earns can be used. Under CS2 Variations the whole amount can be used as a assest if it is over 65K again 8% the SCC rate would apply.

Dancing_Shoes

But this surely doesn't apply if it is all in the nrp's wifes name only?

CMAC_2

Dancing_Shoes wrote: »

But this surely doesn't apply if it is all in the nrp's wifes name only?

No it would not apply if it was in the nrpps name only. However if the nrp won it and then transfered it into the nrpps name it would apply. However I would think the PWC would use the courts for a lump sum payment if there was that much money around under the childrens act the nrp and nrpp income is seen as one.

The original post does raise a very intresting point. The NRP and a NRPP are married and have no children of there own and dont have a will. There is a car accident and the nrpp died and then 10 mins or so the nrp died and then the QC died after that. The whole estate iincluding the nrpps lottery winnings would pass to the PWC

Dancing_Shoes

Its very strange because when we spoke to a solicitor about my earnings etc we were told they were nothing to do with the pwc, even though I am married to the NRP
Luckily we have wills that state that our assets and insurances are to go to guardians for our children and not only does it state who it must go to it states who it must not go to. It would then be up to our children to decide if they so wish to contribute to the other household. We also have the original document from the courts at the time of divorce where the pwc waived her rights to any inheritance and claims on the nrp's estate if they were to die;)
Also when I spoke to our caseworker at the CSA and asked about my money I was told that I was not in any way liable for the NRP's children (we are on CS2). I find it incredible that if I won the lottery (in my sole name) and paid it into a sole account that our pwc would have any claim on MY money:mad:, of course feelings for her aside I would willingly invest money for the NRP's children and continue to pay the maintenance (as we always have done) because it would be the right thing to do for them but I object to being told to do it (iyswim). So in a court if I won the lottery would it be the same percentages as the CSA i.e 8% of the interest (if that is right:o) or would she be entitled to more?

Obviously this is all hypothetical and I wouldn't be on MSE if I was a lottery winner:rotfl::rotfl:

Blonde_Bint

Dancing_Shoes wrote: »

Its very strange because when we spoke to a solicitor about my earnings etc we were told they were nothing to do with the pwc, even though I am married to the NRP
Luckily we have wills that state that our assets and insurances are to go to guardians for our children and not only does it state who it must go to it states who it must not go to. It would then be up to our children to decide if they so wish to contribute to the other household. We also have the original document from the courts at the time of divorce where the pwc waived her rights to any inheritance and claims on the nrp's estate if they were to die;)
Also when I spoke to our caseworker at the CSA and asked about my money I was told that I was not in any way liable for the NRP's children (we are on CS2). I find it incredible that if I won the lottery (in my sole name) and paid it into a sole account that our pwc would have any claim on MY money:mad:, of course feelings for her aside I would willingly invest money for the NRP's children and continue to pay the maintenance (as we always have done) because it would be the right thing to do for them but I object to being told to do it (iyswim). So in a court if I won the lottery would it be the same percentages as the CSA i.e 8% of the interest (if that is right:o) or would she be entitled to more?

Obviously this is all hypothetical and I wouldn't be on MSE if I was a lottery winner:rotfl::rotfl:

wouldnt you miss us all:eek: so let me get this straight you would drop us all right in the proverbial and then leave us there do I have this right young lady, scandelous it is:D

"There is a car accident and the nrpp died and then 10 mins or so the nrp died and then the QC died after that. The whole estate iincluding the nrpps lottery winnings would pass to the PWC" what is the QC please?

btw it would go to the pwc because nrpp died first and nrp died second so it passes to her, what if they were never married?

LizzieS_2

QC = qualifying child.

In CMACs hypothetical quote. Nrp inherits from nrrp after death of nrrp. QC inherits from nrp after death of nrp. PWC inherits from child after death of QC.

If nrp and nrrp were never married. nrrps estate would first go to her parents, if none it would be siblings, if none again it goes to her wider family of aunts/uncles etc. nrps estate would automatically pass to his child (assuming you are sticking to CMACs simple theory of there being only one child).

LizzieS_2

Dancing_Shoes wrote: »

Luckily we have wills that state that our assets and insurances are to go to guardians for our children and not only does it state who it must go to it states who it must not go to. It would then be up to our children to decide if they so wish to contribute to the other household. We also have the original document from the courts at the time of divorce where the pwc waived her rights to any inheritance and claims on the nrp's estate if they were to die;)

The pwc would have no claim on her exs estate in her own right. A will simply dictates where the money must go, ie appoints the trustees for the childs income, it cannot then dictate how the trustee uses that money (trust law does that). A child cannot make a decision when they are legally a child - the trustee has to (and must comply with trust law throughtout their trusteeship). Technically a pwc can apply to court for child maintenance from the trust fund - trust law will allow payment.

Dancing_Shoes

Sorry Blondie I would drop you all like a hot potato, what a crap friend I am:rotfl::rotfl::rotfl:

As soon as we got married we did a will mainly to stop her getting her greedy mits on any money;), We were told that as we had it in the divorce papers re inheritance etc and as we had stipulated it in a will then she wouldn't have a claim and wouldn't be able to claim against our children. We had to make it water tight as the last thing I would want is for our children to be pursued for child maintenance (and yes I wouldn't put it past her:rolleyes:). The pwc's children are of an age where they will soon no longer be eligable for child maintenance so it wouldn't be like they were missing out and if our children decided when they were old enough to gift them some money then so be it. The reason they haven't been included in the will is nearly all of our assets were things I bought to the marriage and obviously my children will always benefit first from my own money just as i'm sure the pwc would only want her children to benefit if something were to happen to her. There are smaller savings already set up for the pwc's children so they wouldn't be penniless.