Separated, how much should I provide?

JackRS

Sorry not arranged it yet but am looking into options at the moment..... was hoping for some good news from the Legal ombudsman to help fund it? Should get a judgment from them next week, but actually don't expect anything.

The house is progressing, after 6 plumbers have had a look at heating options for the bedroom have decided to electric under floor heating under tiles, mid November. Started work on the Lounge.

BigAunty

Lets_say wrote: »

. And possibly just earning below a 'trigger point' and enjoying an extra £650 for nowt.

Are you referring to tax credits and council tax discount? Typically, those on low pay can get substantial top-ups through working tax credits and child tax credits which ignore capital (but does take into account high interest from it).

It is well known to incentivise some households into staying in part time or low paid roles because otherwise they face a steep withdrawal of benefits, entry into taxation, child care and travel to work costs, for example.

Tax credits have undergone substantial changes. Gone are the days where a couple with kids can get away with one of them working 16 hours per week and still net a similar disposable income to those working three times longer. There was once a DWP table that indicated a household with 3 kids where one parent worked part time earning around 9k had a disposable income approaching another identical household who earned 34k (after identical housing costs were factored in).

When (or if) the Universal Credit system replaces tax credits, there is more means testing. So Jack's ex, if she has capital above 16k from her settlement, wouldn't qualify for any UC.

duchy

No we weren't talking about tax credits or council tax discounts
Or universal credit.....you'd need to read back to understand the trigger point comment but Mrs Jack wouldn't be qualifying-for state benefits currently and has no children under 20 resident either so the info you gave is not relevant in this case but thanks for sharing .

BigAunty wrote: »

Are you referring to tax credits and council tax discount? Typically, those on low pay can get substantial top-ups through working tax credits and child tax credits which ignore capital (but does take into account high interest from it).

It is well known to incentivise some households into staying in part time or low paid roles because otherwise they face a steep withdrawal of benefits, entry into taxation, child care and travel to work costs, for example.

Tax credits have undergone substantial changes. Gone are the days where a couple with kids can get away with one of them working 16 hours per week and still net a similar disposable income to those working three times longer. There was once a DWP table that indicated a household with 3 kids where one parent worked part time earning around 9k had a disposable income approaching another identical household who earned 34k (after identical housing costs were factored in).

When (or if) the Universal Credit system replaces tax credits, there is more means testing. So Jack's ex, if she has capital above 16k from her settlement, wouldn't qualify for any UC.

neneromanova

Congratulations jack!! I just can't believe it's taken over 2 1/2 years to sort out!! I bet that this is a load off your mind now!

JackRS

The Legal Ombudsman suggested to raise a separate letter ofcomplaint about there being no requirement to provide proof that trigger eventshad not been reached. So I sent a letterlast week to the solicitors and also sent it to the investigator at the LegalOmbudsman who responded as follows:

Further to your email of 29 October sending your complaint letter Ican confirm that the firm have agreed to my investigating this new complaint atthis time. I have agreed that they can have until Monday 16 November toinvestigate this complaint and respond to it and provide me any evidence inrelation to it.

I am assuming that the documents attached to your complaint letter were theevidence in relation to this complaint. You state in your complaint letter thefirm reconsider their fees charged and refund you an appropriate amount. Whatdo you consider to be an appropriate amount? You also say the firm shouldcompensate you for your loss. What loss have you suffered that you are seekingcompensation for? Please provide evidence of this.

Once I have heard from the firm on or before 16 November I will then be in aposition to finalise my preliminary decision.



I replied…

Ihave replied to you questions below:

1) You state in your complaint letter the firm reconsider theirfees charged and refund you an appropriate amount. What do you consider to bean appropriate amount?

Iwas charged £720 + VAT (£864) for reviewing and advising me on the detailof the ‘Financial Remedy Order’ between 3rd June and 8th July 2015. During this process the opportunity was missed to highlight that proof oftrigger events not being reached is to be provided and required. Ibelieve an appropriate refund of this fee is one third (£288)

2) You also say the firm should compensate you for your loss. Whatloss have you suffered that you are seeking compensation for? Please provideevidence of this.



Inthis instance the loss is dependent on a trigger event being missed andtherefore paying maintenance unnecessarily. Therefor if a trigger eventis reach (e.g. ex net income >£1200pcm) I would be paying £650pcm more thanI would need to. In this example my loss would be £650pcm. I have no way ofknowing if and when this trigger is met, however considering the likelihoodthat ex earns more than £1200 net in the next 3 years is one approach. Currently her job is full time admin assistant at a school on the south coastof England. From totaljobs.com it shows that the average salary for aSchool Administrator is £17,789 (low £16,622, High £23,000). Usingsalarycalculator.co.uk those salaries give the following net monthly income:

Average = £1,265pcm (after deducting £119.82 Tax, £97.29 NI)
Low= £1,199pcm (after deducting £100.37 Tax, £85.62 NI)
High = £1,561pcm ( after deducting £206.67 Tax, £149.40 NI)

Thisindicates that is very likely that ex net income is greater than£1,200pcm. Using a conservative figure of 90% probability of this triggerevent being reached and considering maintenance payments from 1stJuly 2015 to 1st May 2018 (35 x £650 = £22,750) I calculate myloss as 0.9 x £22,750 = £20,475

---

I wonder if there is any way I can find out if her net income is at the trigger level. One obvious approach is to ask her for proof which if she's not prepared to give may indicate something?

I wondered if it was worth contacting the income tax people and show them the conditions of the order and ask if they would notify me if the trigger was reached. I can't see them agreeing to that.

Does anyone know of any other way to know if her income has reached trigger point?

kelpie35

The only suggestion I can think of is, if you know anyone in HR, within the local authority that she works in, and ask if they could give you a starting salary for a similar post that your ex does.

Hope everything else it ticking along nicely for you Jack

Take care

Gigervamp

I wouldn't have thought anyone would give you that information due to data protection. They might give it to a court if there was an order.

I think you'll have to ask her for a copy of her latest wage slip.

Mojisola

JackRS wrote: »

Currently her job is full time admin assistant at a school on the south coastof England.

From totaljobs.com it shows that the average salary for a School Administrator is £17,789 (low £16,622, High £23,000).

And she wasted all those years professing that she was a poor little hard-done rejected wife who couldn't possibly make her own way in life just to get more money out of you!

ampersand

Jack, a silly ? please.

Was ex-, or is she now, aware of you taking this course with Legal Ombudsman?

If employer is not a state school, who has authority to require either employer, or she herself, to provide evidence of earnings level?

re: ' One obvious approach is to ask her for proof which if she's not prepared to give may indicate something?'
-which would be your supposition only, Jack. Don't take this rôle please.
Keep everything at one remove. Ombudsman must have some powers surely, even delegatory.

Let him exercise them, draw his own conclusions from attitude and/or evidence.

Hope you are really recovering your own Life now. Compline tonight - I'll think of you and children.

justme111

I think it is less than £1000 a month and no holiday pay - similar to teaching assistants.