Help to get my children what they are entitled to without my benefits being affected.

BigAunty

thorsoak wrote: »

As the OP wishes the money to benefit her daughters, can it not be agreed between the solicitors that it goes directly into a beneficial trust for the girls? Would that be legal?

I don't know anything about trusts to act as a buttress against means testing but other posters may well know. Alternatively, hopefully her solicitor can advise.

BigAunty

saz007 wrote: »

I'm just wondering if the following is legal and within the rules...

He has offered me £6000
If I then accept the £6000 on the condition that out of his remainding £24,000 he then gives the girls £4500 each.

So I will get a cheque for £6000

He will get a cheque for £24,000

He writes 2 £4500 cheque's for both of the girls.

So I will not be giving my money away as I only have £6000 but my girls gain £4500 each from their Dad weather its in an ica account or trust fund or whatever,

Even though it skips going into your account and is diverted directly to your daughters, I'd imagine this is still considered to be your money that you've given away because you have the legal entitlement to it. Do check the position with expert advice though.

saz007 wrote: »

..


If he refuses this offer I could then say I want the £20,000 that im entitled to as I'll need as much as I can to pay my rent, kids through college etc etc

Would it be legal?

You don't need to justify yourself to him. If you are entitled, according to the solicitor who is negotiating the settlement, then you are entitled, full stop. He's obviously enjoying winding you up about the capital limits for benefits with the aim of you handing over the majority of the money to which you are entitled.

Many mothers get to live in the family property via a court order until their youngest turns 18 and get much better settlements than you.

I hope he is paying child support...

Just_About_60

Is the girls father going to pay maintenance for them? Surely he could afford to out of his £1500 a week wages? He is responsible for them until they are 18 years of age. Tell him you are going to get the child support agency involved. If you got a decent amount of money from him (for the girls) along with your share of the equity then you may not have to worry so much about the benefit situation.

mrsrwallace

OP, you say that the children get nothing off their dad even though he earns £1500 a week? Is that right? If so, then why are you not contacting the CSA to arrange regular maintenance payments? That way the girls would get regular money either weekly or monthly to help them now or to be saved for later. I know for a fact that child maintenance does NOT affect benefits you are claiming.

saz007

As for child support he payes £100 per week which also needs looked at, when it was last assessed he had a different job which payed between £400-£500 per week and I think it was supposed to be £116 a week and he some how dropped that.
Now he works off-shore abroad for sometimes 3 weeks to a month in places like guata?? Not sure how its spelt but places in Africa. Then he will only be home for 1-2 weeks and he's away somewhere else, he has bought a caravan and lives in there while he's home so his bank balance will be getting bigger and bigger.
Its one head ache after another... I try to stay strong for the girls and give them what their friends have got but if I cant they understand.
When ever money is mentioned to him he goes mad.. Ive had the police on him because he's almost kicked my door down (which I had to pay for to be fixed because im in rented property) and then he will make the girls lives hell if Ive asked for anything.
I cant belive I was married to this man for 10 years.
I loose out a lot and its not that im weak (although quite poorly sometimes) Its just so the girls don't suffer anymore than they already have cause if it wasn't for them I would take everything I could then come back and claw his eyes out.
If only it was that simple

Cate1976

OP, you need to check this with a solicitor to make sure this doesn't mean you being hit under deprivation of capital rules. Add up what your due debts total, take that off the £24K or £30K that your ex is supposed to be paying you. Of the rest, under DoC rules, you are allowed to do things such as replace worn out or broken household goods so long as they're not excessive, that doesn't mean that you have to buy the cheapest but you wouldn't be allowed top of the range either. To be safe I'd go for the price range above the cheapest. I think you could get away with a holiday so long as it wasn't excessive, a week in Spain would probably be ok or should be IMO.

Once you know how much the debts will take ask your solicitor about how it would be viewed of your ex did cheques for each of the girls which would be put in trust for them for going to college/uni when they're 18, bear in mind that children's savings of more than £3500 each child impacts on your benefits.

Depending on the legality of you doing any/all of what I've suggested, there may not be much left.

For the logistics of doing this if it turns out that your benefits will stop then I would put the money from your ex in a new bank a/c and keep records of what you spend it on, rent and bills won't be a problem, keep grocery receipts as well in case you get a strict DM when the money goes below 16K. I've read on MSE that some DM's have even wanted grocery receipts but don't know how often this actually happens.

Just to make it clear, I don't condone nor support people trying to scam the system as they give genuine people a bad name. I think OP is doing the right thing in wanting to use money from ex to pay off debts and put some aside for her girls to go to college/uni. This maybe controversial but I think that benefit rules should be changed so that if parents like OP get money, they can give a reasonable amount which I would suggest being maximum of 10K per child into trust funds for them without it affecting the parent's benefits. I only say this as the benefits it brings later on not just for the child when they go to university in that they won't get into as much debt.

Mara69

What makes you think he'll even give the children £4.5k each? You have already claimed he gives the children nothing, wastes his money on crap etc.

saz007

I'm so greatful for all the help and support I'm getting, I have always planned for the girls future, I was a Nursery Officer in a special school before I became ill, and while I was married I never had to worry about supporting them through college and uni because we could have done that.
I did worry when the marriage broke down but there were new opportunities opening at work to boost up my wage... breakfast clubs, Teatime clubs, school holiday clubs and support for parents clubs, but unfortunately I became ill and sometimes I can hardly look after myself never mind a child with severe health problems. At this time in my life I can't see me ever having this much money in a lump sum again which is why its important for me to try and help the girls as much as I possibly can to build their future without relying on their so called father.

saz007

Mara69 wrote: »

What makes you think he'll even give the children £4.5k each? You have already claimed he gives the children nothing, wastes his money on crap etc.

I am entitled to £20,000 and he is entitled to £10 because I have got the girls living with me, My solicitor has already told me this, It would have to go to court and it would last longer than it already has and it wouldnt be very nice, it would just cause more heartache for everyone but at the end of it the judge would give me £20,000 and him £10,000. so if he didnt agree to my offer (which is more than fair, as I share my half with the girls and he keeps his) then I'll fight him all the way ...take the £20,000 and he will loose £5000 plus half the court costs.
The choice would be his, obviously I would rather the easy option and agree on something rather than go to court but he needs to be fair.

xylophone

If the matter is as clear cut as your solicitor is indicating, (you are "entitled") then surely your ex's solicitor would be advising him that the court would certainly rule against him and he'd be liable for costs to boot?

I can't get my head round whether the "division of the spoils" is legally negotiable between the parties or not.