Maintenence paid from Ill Health Pension?

Up_Helly_Aa

Hi All

I have a question I cant find the answer to.. and I'm hoping you can help...

I divorced around 9 years ago.
I gave my partner the marital house (worth £425k at the time). They took on the mortgage (under £50k left to pay).
I have also paid 30% of my income and allowances (after tax) every month (for my two children) this is over £700 per month.
My partner only works part time, has paid off the house and goes on several foreign holidays a year with the children. I see only one of them for a few hours every few weeks.
I walked away with nothing but a few shares I held and have worked hard to re-build my life through some real money saving (living off potaoes, giving p sugar, no takeaways for years etc...)

However I have been really ill and in hospital for over 6 months in the past year. I am now getting made redundant OR will be offered Ill health pension (I have worked at the same company for almost 25 years). Part of the Separation agreement (Its a Scottish thing!) was that I kept my pension intact.

My ex is now demanding that I give them 30% of my pension as maintenance. This will leave me in an impossible position as the pension will not even cover the Mortgage or council tax. I will need to get a part time job (which I need/want to do for my own sanity!)

I'm trying to look at things in a pragmatic and non-emotional way. This is very difficult but loss of job and ill health (I have been close to dying twice in the last 5 years) are difficult enough to deal with.

So - the question is..am I legally bound to pay maintenance from my pension income. (I have made provision in my will for all my assets to go to my children so they will be financially secure when I die).

Thank you.

PS - Can I have never claimed any tax relief for my maintenance payments as I thought I was too young? is this correct?

shoe*diva79

I dont know the answer to if CM would be due from a pension, however, if it is due, the % would be 20% for 2 chuldren, not 30%. And no, you cannot claimtax relief on CM for your children. They are your kids, not the tax payers!

Has a CSA case ever been open or is this totally a private agreement you have?

Up_Helly_Aa

Thanks
I was correct on the tax side which is good.. I know what you are saying. I have not, and will never shirk my responsibility I pay a lot of tax and have never had anything back other than pension relief and gift aid. My hope is that the children have the same outlook.

It was a private agreement - no CSA involved but sorted via my Exs lawyer and ratified by the Scottish Court so has legal standing. I was advised that it was 30% at the time? and I was not in great place so I just agreed to everything.

shoe*diva79

A court order stands for 1 year, so your ex, or yourself, could go to the CSA now and open a case if you cannot agree on a reasonable private agreement.

How old are your children?

Up_Helly_Aa

Thanks - I was not aware of that!
the children are 13 & 16 - still at school.

As I retained my pension and my Ex retained the house do I need to continue to pay given that the house was worth a lot more than my pension. Or can I force them to sell the house or work more hours and reduce my payments?

Thanks

shoe*diva79

Up_Helly_Aa wrote: »

Thanks - I was not aware of that!
the children are 13 & 16 - still at school.

As I retained my pension and my Ex retained the house do I need to continue to pay given that the house was worth a lot more than my pension. Or can I force them to sell the house or work more hours and reduce my payments?

Thanks

Of your ex took over the mortgage and the deeds. O longer have your name on then no, you cannot force her to sell the house. The house is hers.

To be honest, and I know you said you were in a bad place, but you cant 9 years down the line try and change things to work in your favour. You do need to keep paying both legally and morally. If you work more hours, increasing your income then more CM will be due (if you go via CSA) as its a % of income.

The best I can advise you is to either open a CSA case where your income will be assessed for CM purposes, or see a lawyer and go back to court to revise your court order.

Bear in mind, the CSA wont care who kept what in the divorce etc, they will expect a straight (ish) % deduction from your income.

If you go to court to revise your court order, then obviously after 1 year your ex could go and open a CSA case.

The following link might be useful to you: http://www.nidirect.gov.uk/csl303.pdf

Up_Helly_Aa

Thanks...
The way I read it is that while my Ex got almost £500k in cash, property and possessions I kept my pension intact for my retirement.
Having Scrimped and saved to afford a place that the children were 'allowed' to come to by My Ex. I now face an Ill health pension as being my only source of income (in reality my condition is degenerative so while I want to work I'm not sure who would want me). The Pension does not cover my mortgage and bills (I'm still on my own). BUT the CSA ignores all of that and wants 20% of my pension.. despite me having given the Ex everything..(and I mean everything) so that the Kids had some stability.

I will give them a call.. but It does not seem fair somehow and to be honest it is the children who will loose out as I will end up having to live on the money what they were going to inherit. 9 years of being on my own scrimping and saving for the children's future (not mine) all seems like a waste of my life. I would have been as well jumping off a bridge as my Ex has well and truly destroyed me.. and I don't even have my health any more. Depressing or what!

shoe*diva79

Im sorry, but why did you not split marital in a more fair manor? It might not seem fair, but your children still need supporting financially, and your ex could be a millionaire but it wouldn't matter.

If I was you, I would call the CSA and open a case. That saves you 10% as to what your currently paying. Stop paying your ex as soon as you make the call but make sure you put money by as you will get arrears while the CSA work out the assessment.

If your pension isn't enough to cover your mortgage and bills then sadly, its not your exes fault. You may be entitled to claim some form of state benefit depending on income/illness but if not then you will need to look at downsizing?

Up_Helly_Aa

I did what I thought was the right thing to do. my Ex pleaded to keep the house but could only afford a small mortgage.. I intended to work until 60 (but that is not an option) My Ex said I could keep my pension intact and would make no claim on it. they have now changed their mind, never has any money but can go on foreign holidays and buy designer thing and new cars while I pay maintenance that i'm sure the children never see!

If I had my life again I would do it differently.. as you say hindsight is a wonderful thing.

Rather than call the CSA I am more inclined to sell up, give all the money to a charity and jump off the bridge.. At least the Ex would no have won.. I win as they get nothing more and I save years of debilitating pain and decay..

shoe*diva79

Ok, now your just talking stupid. You honestly think selling up and killing yourself, leaving your children fatherless is better then a financial contribution to their future? Really?

I agree, it doesn't seem fair, BUT you made that choice. You did what you thought was the right thing a the time. Did you consult a solicitor?

As for your kids seeing the CM, are they clothed? Food in their bellies? Have fresh water? Heat? Toys? I could go on...

If your not willing to open a CSA case then you need to get your court order reviewed under your new circumstances. I suggest you do this ASAP because once a CSA case is opened (which your ex could do at any time) then the courts no longer have jurisdiction.