Adult sons PIP paid into my account and household income for divorce

mistercobain

I’m 59. I won’t get carers allowance once I reach state pension age. Ie CA will stop before mortgage is paid off. 

Why do you think I should sacrifice pension entitlement?

tacpot12

mistercobain said:

I’m 59. I won’t get carers allowance once I reach state pension age. Ie CA will stop before mortgage is paid off. 

Ah, I didn't realise CA stopped when you started to receive your State Pension. In that case, the best you could do is argue that it (any contrinution to your caring) should start immediately OR when the mortgage is planned to end, if he argues that he can't afford it. 

mistercobain said:

Why do you think I should sacrifice pension entitlement?

It was a suggestion about how to manage the negotiation. You might need to give way on something he regards as valuable, in exchange for something you regard as valuable. I agree that going to court might result in a fairer settlement, but I don't think you are too far away, and there is benefit to getting a plan in place sooner rather than later. I do sympathise with your situation, it is unusal and difficult.

Savvy_Sue

Spoonie_Turtle said:

Your ex can say what he wants but the money is your son's.  The claim is for him, the money is paid to be used for him.  In DWP's eyes you are not connected to your son, you only administer his claim because you are his appointee.

I don't know if it's helpful or not but if you could open a separate account for just your son's benefits to be paid into, your ex would have nothing to twist about it all.  (Not blaming you in the slightest, just demonstrating how flimsy his argument is.)

Also here's another way to look at it: hypothetically speaking, if you died, your son's benefits would continue.  If he died and you were still alive, they'd stop.  His benefits are nothing to do with you, they're definitely not your income.

I agree that having the benefits paid into a separate account, perhaps one for each son, would be a good move. The money definitely shouldn't be regarded as 'yours'.

Silvertabby

Be careful with your 50% share of the old DB pension.  That may be payable in full from age 60 to your husband, but once your 50% is placed into your own pension credit account (assuming you are awarded a Pension Sharing Order/PSO) then different rules apply.

In your case, you would only be able to draw your unreduced benefits from either 65 or SPA.  Yes, you can opt to to take them early, from age 60, but then your pension would be subject to a permanent early payment reduction of between 20% and 25%.

mistercobain

I’ve checked the age pension credit under a sharing order can be received and it’s 60 for the old scheme and 65 for the new one. 

mistercobain

From what I can work out re my son’s benefits and household income, for the purposes of financial disclosure, I include their benefits but then also submit details of household expenditure. 

However, in making a financial order, the court will consider PIP paid to them to be extra income to cover costs of disability rather than income to meet normal expenditure. Especially when it comes to determining share of pension. 

It is planned that there will be a PSO so I’m not even sure how my son’s mortgage would be offset against my entitlement. There will be a report of Pension on Divorce expert and I’m happy for them to advise. I can understand that I might trade a share of equity for pension entitlement but I have no financial interest so have nothing to trade. 

My soon to be ex had to receive independent advice before being named as a borrower on the mortgage and divorce does not change his obligation, he can’t be removed or not pay without it being considered default. He is legally obliged to pay and is not choosing to do my son (or me) a favour. 

Paying the mortgage impacts on exs expenditure in the present but I don’t think it is considered relevant in relation to pension sharing. 

Silvertabby

mistercobain said:

I’ve checked the age pension credit under a sharing order can be received and it’s 60 for the old scheme and 65 for the new one. 

That's unusual.  

caprikid1

"I think I would benefit from the courts making the decision" 100% agree but how can it be funded ? It's a challenge in your position as it is so difficult to get legal aid beyond mediation.

What happens if I have no money to pay a solicitor to help with my divorce? - Samuel Phillips Law

A solicitor can tell you what you might be able to achieve in terms of settlement but you still have to pay a court and a solicitor to achieve it with no guaranteed outcome. I think my 100% amicable divorce cost £5K between us.

As has already been stated try and find a middle ground to move this forward, it feels in all honesty that the gap is too large though between the settlement you want and what he is willing to offer. That said I have seen far worse starting points.

Grey_Critic

Puzzled as to why your sons money is paid into your accout. 

It should be paid into a seperate account with you as a signatory - How do you account for his money?

Perhaps you need to speak with Citozens Advice on this. We can only give OUR OWN opinions.

poppy12345

Grey_Critic said:

Puzzled as to why your sons money is paid into your accout. 

It should be paid into a seperate account with you as a signatory - How do you account for his money?

Perhaps you need to speak with Citozens Advice on this. We can only give OUR OWN opinions.

Usually when you're an appointee for someone the money is paid into the bank of the appointee.