Becoming a single parent

-simmo-

Hi All, a newbie here, I'm after some advice please

Myself and partner are separating, we have 2 children (aged 4, and 8 months). We have a mortgage and our property is currently up for sale.

I work full time, she doesn't, and we're stuck with how we go about bringing this messy situation to a conclusion that is conducive to our children. They will be staying with their mother.

However, we need to know what steps to take in terms of getting them housed and what they are entitled to claim - it seems to be a really confusing minefield.

For info, she currently receives child benefit and child tax credits totalling £293 per month.

My questions are this:

1/ Could my partner and children only be rehoused once our house is sold? Or could this be done sooner? If so, how? Would it be better for her to rent privately and apply for housing benefit? If so, who decides how much housing benefit she'd receive?

2/ We will probably make somewhere between £15,000 and £20,000 on the sale of the house once all fees have been deducted, which our intention is to split 50/50. We have no other savings. What impact does this have on any benefits that could be claimed?

3/ How would we go about claiming income support for her? And how is this decided? Does child maintenance affect this, and who decides how much child maintenance I should pay, or is this something that we can decide amicably between us?

4/ Is there anything else we'd need to know or consider? I'm just really not sure where to start.

Many thanks in advance

Dunroamin

Why is she and the children leaving the marital home?

-simmo-

Dunroamin wrote: »

Why is she and the children leaving the marital home?

As she's not working, she won't be able to pay the mortgage, and I am unable to afford both a mortgage and somewhere for myself to live. Both of our names are on the mortgage.

The idea is, I'll rent somewhere privately, so I can look after my sons on a weekend and have them stay over.

Anubis_2

1. If you are selling the house she needs to go on a waiting list for social housing but this can take a long time to get, so if she wants to move out she needs to get privately rented. She can find out her local housing allowance for housing benefit from here http://www.direct.gov.uk/en/diol1/doitonline/dg_196239

2. Any savings over 6k reduce means tested benefit by £1 for every £250 over.

3. Details here how to claim IS http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_185670
Maintenance can be decided between you and will not affect her benefits.

4. You will have to proove you are separating, be prepared to provide evidence, and you will have to separate your finances completely. Any evidence asked for will need to be shown, such as bank statements etc.

Anubis_2

-simmo- wrote: »

As she's not working, she won't be able to pay the mortgage, and I am unable to afford both a mortgage and somewhere for myself to live. Both of our names are on the mortgage.

The idea is, I'll rent somewhere privately, so I can look after my sons on a weekend and have them stay over.

If her name remains on the mortgage then it "may" affect her claim at some stage if she is not staying in the property. I am not well up on equity and benefits but someone who is will be along soon hopefully.

I beleive it might be better for her to stay put until the house is sold, in the mean time putting her name on the list for social housing.

-simmo-

Anubis wrote: »

I beleive it might be better for her to stay put until the house is sold, in the mean time putting her name on the list for social housing.

Thanks for your reply. The issue here I think, is that when the house is sold, there is so much pressure on for her to get somewhere very quickly - what if that doesn't or can't happen?

Dunroamin

-simmo- wrote: »

As she's not working, she won't be able to pay the mortgage, and I am unable to afford both a mortgage and somewhere for myself to live. Both of our names are on the mortgage.

The idea is, I'll rent somewhere privately, so I can look after my sons on a weekend and have them stay over.

She could claim help to pay the mortgage interest on her half and use your maintenance to pay the rest. (20% of your income)

You may not pass this on to her but she really ought to see a solicitor to find out what she should do in her best interests and those of the children. In many cases it's better for the PWC to stay put.

If she decides not to do this she really shouldn't rely on being given a council property but should start to investigate renting privately.

Anubis_2

-simmo- wrote: »

Thanks for your reply. The issue here I think, is that when the house is sold, there is so much pressure on for her to get somewhere very quickly - what if that doesn't or can't happen?

She puts her name on the list for social housing. Once the house is sold she will have time to look around for privately rented if there isn't a social house available as it takes a few weeks for sales to go through.

It's the same when she is in private rented - she would have less time to find somewhere in reality as only a month or so notice need be given depending on tenancy terms.

Dunroamin's idea is probably the best way forward depending on the size of your mortgage. Either way I still think it is better for her to stay in the property as long as possible. Once it's sold she will have a few weeks.

krisskross

If renting privately is the route you decide on remember that you will need a fairly substantial deposit and perhaps rent in advance.

LHA can take some time to be sorted out and cannot be applied for until a tenancy agreement is secured etc. You will need to be honest with prospective landlords about how the rent is to be paid. Many do not accept tenants reliant on LHA.

Should she stay in the house she will have no priority for social housing so probably best not to rely on that happening.

BigAunty

Child maintenance can be decided between you and doesn't affect any means tested benefits she may receive.

If you can't decide, then the CSA can become involved if approached by her.

http://www.direct.gov.uk/en/Parents/ChildMaintenance/Arrangingchildmaintenance/DG_199174

This calculator will give you an idea of what you would be expected to pay if disputed but can also help you form a baseline for your own private arrangement.

http://www.cmoptions.org/en/calculator/calculator.asp

The Direct Gov or local council website will indicate how much Local Housing Allowance she can receive as a maximum (any capital over 6k starts to reduce it) - she will be entitled to either a 2 or 3 bedroom property depending on the age/sex of the children. LHA is calculated on the cheapest third of properties in the local area. Many claimants have to pay a top up to their rent from their existing benefits.

The Turn2us online benefit calculator will give an idea of her benefits. A lone parent with 2 children used to get around £200 per week in tax credits, income support (or JSA once the youngest reaches 5) and child benefit, plus full council tax rebate, but I'm not sure of the rates now, plus any capital over 6k will affect the means tested ones.

Charityworker

-simmo- wrote: »

Thanks for your reply. The issue here I think, is that when the house is sold, there is so much pressure on for her to get somewhere very quickly - what if that doesn't or can't happen?

Well as a manager of a charity I have seen situations like this where people have had to wait for social housing in temporary accomodation which could be a house, hostel or bed and breakfast. Including me who lived in a hostel for 6 months after splitting with my ex husband with 2 small children.