Househusbands

BitterAndTwisted

NansKitchen wrote: »

He also needs somewhere to live, are the council obligated to house him whilst he sorts himself out?

No, they are not. Housing is allocated on the basis of need, and single homeless people are at the very bottom of the pile. Those who have children and are homeless are at the top, followed by those with children at imminent risk of homelessness next.

The very best that he could hope for is a temporary place in a hostel, if such places are available in their Local Authority.

tinkerbell28

Unfortunately by not being married (you may want to change the title as he isn't a househusband, this affects his rights massively) there is no claim to stay in the marital home.

By the sounds of it she has the tenancy and he h as permission to live there.

So he will have to leave.

When people say a marriage certificate is just a bit of paper, situations like this prove how it is still actually quite important for family security.

He could however and should get a formal custody arrangement for the younger child. The older one, unless the Mum is willing, well nothing he can do.

Gigglepig

If he is not the biological or adoptive father of the oldest child presumably he could only apply for custody of the younger one, and the siblings would be split up? Sounds like unfortunately he is in a weaker position than what he would have been in if they were married and had both children together.

I really hope they can resolve this amicably so both children can still have plenty of contact with their dad. And that he finds a new job soon.

NansKitchen

Thanks for your replies, the information is really helpful. My son's ex-partner says he can stay in the home temporarily while he finds somewhere else, but as I've said, where will he find somewhere without a job to pay for a roof over his head? In regards to Income Based JSA, can he claim that if he has no income? I have just spoken with my brother on the phone and he says my son can live with him while he sorts himself out. He lives quite close to where my son currently lives. However, my brother is a pensioner and is claiming Pension Credit and Council Tax benefit, will my son living there even though temporarily, affect those benefits especially if he is claiming this Income Based JSA or otherwise? These may sound strange questions, but I'm not familiar with the benefits system which I know is extremely lucky these days.

I don't think child custody will be a problem, although who knows at this stage, but where would my son need to go to make a Formal Custody Arrangement, the court or get a solicitor?

Errata

Perhaps some of the responses on this thread https://forums.moneysavingexpert.com/discussion/4804740
might throw a little light on your son's problem. The situations are very similar.

BitterAndTwisted

Income-based JSA is what people claim when they have not paid enough NI contribs in the last two years to claim Contributions-based JSA. Contribs-based JSA is a right and does not take into account what savings a claimant may have and lasts for six months, where Income-based JSA does.

I can't comment on the impact him claiming JSA from your brother's address might have on his own benefits, sorry. But I strongly suspect that their Council-Tax benefit might be affected but maybe not the Pension Credits if your son isn't able to pay your brother keep. £71 a week won't go far when you're trying to find yourself full-time work.

It might be worth putting your brother's income and circumstances into the benefits calculator on the "turn2us" website to see what the outcome could be.

NansKitchen

Thank you for the information, it is a bit clearer now. I tried the "turn2us" site and it is quite helpful, but as I don't know my brothers exact amount of income or benefits I couldn't get any further. Will pass the information on to him and hopefully he will be able to work it out. £71 a week doesn't sound much, but it is something and should help my son while he's looking for a job and somewhere more permanent to live. As we all know it's the children who suffer the most in these circumstances, but I am glad to say there are no custody issues either way, let's hope it stays that way.

maman

Errata wrote: »

Perhaps some of the responses on this thread https://forums.moneysavingexpert.com/discussion/4804740
might throw a little light on your son's problem. The situations are very similar.

Remarkably similar;)