financial help after death of parent

lmcgbmb

My ex husband died a year ago. Before he died he had remarried not had anymore children and not left a will or any assets other than household and was not working.
I have 2 children with my ex and was being paid maintenance via CSA as well as an occasional private small payment whenever he had spare cash.
I work 26 hrs a week.
I was told after he died that I was not entitled to any financial help raising the children as we were divorced. Had we not divorced I could have claimed a widows benefit until the children reached 18. Is this right? Im now seriously out of pocket and my children are suffering financially. If he were still alive I'd still be hetting awarded money if we hadn't divorced and only been separated. Had I known I'd have suffered financially like this in the event of his death id have never divorced him. I just don't understand how this is right. Can i appeal, if so how?
Thanks

Lioness_Twinkletoes

*Sits on hands*

sammyjammy

Words fail me. No you can't appeal.

Pollycat

Do you get Child tax Credit?

If not, check this out:
https://www.gov.uk/child-tax-credit

Better still, use one of the benefit checkers in this link to check what you are entitled to:
https://www.gov.uk/benefits-calculators

I must say that - although I appreciate the difficulty you and your children are in - your post does come across as mercenary.

Mojisola

lmcgbmb wrote: »

I just don't understand how this is right. Can i appeal, if so how?

The Widowed Parent's Allowance is what it says - for the widow/widower of the deceased so you can only claim if you were married or in a civil partnership at the time of the death.

If your ex had been on benefits, you might only have been getting £5 a week from him. If you had still been together and he had longterm health problems, you could have ended up supporting him financially. Sometimes life isn't fair.

There's no appeal but you could raise the issue with your MP if you think it would be worth the time.

lmcgbmb

Thanks youve been very helpful. No need to sit on your hands or say ive been mercenary. I didn't realise i had to explain why im cold. My ex is an ex because he put me through years of domestic abuse my children still suffer now and havr counselling for some of the horrors they witnessed. Dont judge people until you've lived in their shoes! I could do with extra money raising his children which was all I was enquiring about but you l go back to your perfect lives and ill carry on living in the real world. ... keyboard warriors every where why did I think this forum would be different. Thanks to the one persom who didn't judge and gave an honest answer based on the question.

margaretclare

You say your ex-husband remarried. This is what divorce does. It returns you to the single state, making remarriage possible.

To spell it out, when you got divorced you returned to being single, as if you had never married him. Therefore, you're not a widow. The woman he married after divorce is now his widow.

If he had died while you were still married to him you would have been a widow and therefore entitled to certain benefits i.e. paid to a woman whose marriage ended through death.

This is not judgment, but fact.

pmlindyloo

lmcgbmb wrote: »

My ex husband died a year ago. Before he died he had remarried not had anymore children and not left a will or any assets other than household and was not working.
I have 2 children with my ex and was being paid maintenance via CSA as well as an occasional private small payment whenever he had spare cash.
I work 26 hrs a week.
I was told after he died that I was not entitled to any financial help raising the children as we were divorced. Had we not divorced I could have claimed a widows benefit until the children reached 18. Is this right? Im now seriously out of pocket and my children are suffering financially. If he were still alive I'd still be hetting awarded money if we hadn't divorced and only been separated. Had I known I'd have suffered financially like this in the event of his death id have never divorced him. I just don't understand how this is right. Can i appeal, if so how?
Thanks

There is some provision for this type of circumstance.

If someone dies intestate and has made not provision for their children then you could have challenged this through a court.

This needs to be done no later than 6 months after probate has been granted. Does this apply in your case?

You can not challenge the will for provision for yourself but you could for your children.

However, from what you say there were no assets left (is this true?) so it seems that there is no point?

You would need to seek legal advice about this.

http://www.nottingham-solicitors.net/wills-probate/challenge-intestacy/

bengal-stripe

lmcgbmb wrote: »

Had I known I'd have suffered financially like this in the event of his death id have never divorced him.

It is your statement, that makes you look mercenary!

dippy3103

How old are your kids?

margaretclare

bengal-stripe wrote: »

It is your statement, that makes you look mercenary!

I don't understand how you were getting 'maintenance' from him as you say he wasn't working? Where was that money coming from?