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Separated, how much should I provide?

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  • duchy
    duchy Posts: 19,511 Forumite
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    edited 13 September 2013 at 2:04AM
    I'm confused Jack. Your son has effectively left home ..... Why is your wife claiming for him? I'm also wondering about the child support issue and if it is your wife or her parents who can claim it...presumably someone is claiming child benefit for him?

    I haven't read CB rules but my understanding is that if a child goes to live with another relative the parent they lived with cant continue to claim?
    As child support all hangs on who gets the CB I thought this might matter.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • JackRS
    JackRS Posts: 1,063 Forumite
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    duchy wrote: »
    I'm confused Jack. Your son has effectively left home ..... Why is your wife claiming for him? I'm also wondering about the child support issue and if it is your wife or her parents who can claim it...presumably someone is claiming child benefit for him?

    I haven't read CB rules but my understanding is that if a child goes to live with another relative the parent they lived with cant continue to claim?
    As child support all hangs on who gets the CB I thought this might matter.

    I don't know but no doubt it'll mean she'll have less income but then should need less as he's not living there?
    Regards

    JackRS
  • duchy
    duchy Posts: 19,511 Forumite
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    edited 13 September 2013 at 9:48AM
    JackRS wrote: »
    I don't know but no doubt it'll mean she'll have less income but then should need less as he's not living there?

    If she is claiming a larger proportion of the house or longer spousal support because she has dependent children still living there- I could see this having an impact as well as on the household bills.

    She appears to be claiming all his expenses, phone, clothes etc yet he doesn't live there ? I can see some argument for needing support for a child away in education like boarding school or even a student living away termtime but living with a relative *may* have other aspects legally. She might be expected to prove she is actually paying those bills for him or paying the grandparents for board etc.

    She'd only have less income if she's claiming benefits-which she apparently isn't/can't as she is getting money from you presently. Obviously if the CSA calculation comes in anywhere -that should be paid to the person he lives with. It may be that due to this seperating spousal support and child support should be dealt with as two seperate calculations and not the one your wife is currently claiming ?

    Is there an expectation that after October and the interim support stops and the long term financial settlement kicks in that she would (or should) be claiming benefits? Where your son is resident would have a huge impact on what she could claim benefitwise .

    I'm unsure if your son moving south is his choice educationally or a more cynical move by his Mum.....there seem to be benefits/disadvantages both ways. Or maybe he's just chosen to remove himself from a stressful situation by putting distance between himself and you both ? I could see a kid feeling it would be easier study away from a home that is currently up for sale and have the stability of the grandparent's home -especially if all the plans were made to move down south (including a college place) and then reversed. Wanting to do a course knowing you can stay and not have to move to another college midway (as was mooted for his sister) might have seemed sensible to him.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • JackRS
    JackRS Posts: 1,063 Forumite
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    duchy wrote: »
    If she is claiming a larger proportion of the house or longer spousal support because she has dependent children still living there- I could see this having an impact as well as on the household bills.

    She appears to be claiming all his expenses, phone, clothes etc yet he doesn't live there ? I can see some argument for needing support for a child away in education like boarding school or even a student living away termtime but living with a relative *may* have other aspects legally. She might be expected to prove she is actually paying those bills for him or paying the grandparents for board etc.

    She'd only have less income if she's claiming benefits-which she apparently isn't/can't as she is getting money from you presently. Obviously if the CSA calculation comes in anywhere -that should be paid to the person he lives with. It may be that due to this seperating spousal support and child support should be dealt with as two seperate calculations and not the one your wife is currently claiming ?

    Is there an expectation that after October and the interim support stops and the long term financial settlement kicks in that she would (or should) be claiming benefits? Where your son is resident would have a huge impact on what she could claim benefitwise .

    I'm unsure if your son moving south is his choice educationally or a more cynical move by his Mum.....there seem to be benefits/disadvantages both ways. Or maybe he's just chosen to remove himself from a stressful situation by putting distance between himself and you both ? I could see a kid feeling it would be easier study away from a home that is currently up for sale and have the stability of the grandparent's home -especially if all the plans were made to move down south (including a college place) and then reversed. Wanting to do a course knowing you can stay and not have to move to another college midway (as was mooted for his sister) might have seemed sensible to him.

    Basically they were all moving south as the house had sold, he was starting a 2 year course so made sense to start it south. Daughter was havingto change to different college to complete the 2nd and final year of hers. Then the house sale fell through so they decided to stay in the house until it soild which meant daught could continue at current college which was always her preference.
    Regards

    JackRS
  • kelpie35
    kelpie35 Posts: 1,789 Forumite
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    Jack, is there any more developments on the house sale?

    I think once you get it sold that will remove a big burden from your mind.
  • RAS
    RAS Posts: 35,764 Forumite
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    If the house had sold, DD could have remained in the local area and lived with JackRS if she wished.

    Also until DS moved south she was claiming CB and CTC for him, but can no longer do that.
    If you've have not made a mistake, you've made nothing
  • duchy
    duchy Posts: 19,511 Forumite
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    I do think it's a very grey area -it's one thing to choose to shelter and feed your kids ....... £40 phone contracts and designer labels don't come under the need catagory though.

    Jack do you actually know if CB is been claimed by anyone for your son now he has moved ....and if not should that question be asked ?
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • JackRS
    JackRS Posts: 1,063 Forumite
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    kelpie35 wrote: »
    Jack, is there any more developments on the house sale?

    I think once you get it sold that will remove a big burden from your mind.

    No don't expect anything now until the spring?
    Regards

    JackRS
  • JackRS
    JackRS Posts: 1,063 Forumite
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    edited 13 September 2013 at 12:26PM
    duchy wrote: »
    I do think it's a very grey area -it's one thing to choose to shelter and feed your kids ....... £40 phone contracts and designer labels don't come under the need catagory though.

    Jack do you actually know if CB is been claimed by anyone for your son now he has moved ....and if not should that question be asked ?

    Yes in her Form E it states child tax credit £260pcm and child benefit £81 pcm.

    I pay for my sons phone contract as direct debit as it's in my name with him being under 18. that is £36 a month then the remainder of his £50 allowance of £14 is paid into his account.
    Regards

    JackRS
  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
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    Well, she shouldn't be claiming that for your son now he's not living with her.
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