Spousal maintenance effecting benefits ?
Jadeliza
Posts: 1 Newbie
I know that SM can effect the new UC when it comes out. But what about now?
My ex lied to HMRC and therefore also CMS. I knew it but had no proof, so went to court for SM. Now his solicitor is saying anything he has to give me means I will lose £1 for £1 in benefits. Although I do this he should pay rather than the tax payer, but the judge didn’t agree. Anyway I get EESA, child tax credits and also PIP, Housing and council tax benefits, my daughter is disabled and gets DLA.
What will change ? Will I end up with nothing extra?
My ex lied to HMRC and therefore also CMS. I knew it but had no proof, so went to court for SM. Now his solicitor is saying anything he has to give me means I will lose £1 for £1 in benefits. Although I do this he should pay rather than the tax payer, but the judge didn’t agree. Anyway I get EESA, child tax credits and also PIP, Housing and council tax benefits, my daughter is disabled and gets DLA.
What will change ? Will I end up with nothing extra?
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Comments
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Spousal maintenance is almost totally unheard of.0
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I know that SM can effect the new UC when it comes out. But what about now?
My ex lied to HMRC and therefore also CMS. I knew it but had no proof, so went to court for SM. Now his solicitor is saying anything he has to give me means I will lose £1 for £1 in benefits. Although I do this he should pay rather than the tax payer, but the judge didn’t agree. Anyway I get EESA, child tax credits and also PIP, Housing and council tax benefits, my daughter is disabled and gets DLA.
What will change ? Will I end up with nothing extra?
I'm not sure from your post whether you are going to receive spousal maintenance or not.
If you do then it is:
treated as income for income based ESA - if more than your ESA then your ESA would stop
If you receive any income based ESA after spousal maintenance is deducted then you would still be entitled to HB
If no ESA then you can still claim HB but the spousal maintenance would be counted as income
Spousal maintenance is not counted as income for child tax credits
DLA will remain the same.0 -
Spousal maintenance is taken fully into account on ESA. Child maintenance is totally disregarded. Does the ex-partner pay both?0
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Yes, but it would be interesting to know why the OP thinks they are entitled - often it's a mate who read an article a few years back and thinks it applies to everyone.
It is of no consequence why she thinks/has read an article about Spousal Maintenance to me, and in fact that was not the question.
Her question,I believe, was how did it affect other benefits?
My friend receives Spousal Maintenance and has done for many years, at the time of the divorce her ex was not in a position to pay her the amount from the sale of the property, also she had disabled children so Spousal was suggested and accepted. There is an end date but it is many years away. She is an American lady and it is more often acceptable there.
Bet he wishes he had made a clean break now. He was/still is a bit of a scoundrel and thought it was better to just pay Spousal, as well as CM, he was badly advised we think.
:beer:0 -
Spousal maintenance is almost totally unheard of.
In wealthier circles it can be the norm, especially where the non earning partner has limited earning potential. I know women who came out of relatively short marriages with maintenance agreements that will see them comfortable long after the children have left home.
(I am not one of them. All I got left was some crappy CDs.)0 -
I think you may be getting spousal maintenance mixed up with something else.
It isn’t a benefit, it’s what’s sometimes given in a divorce. It’s not unheard of it’s still very common.
OP will have been advised by a solicitor that spousal maintenance is more than likely going to be awarded.
To OP, spousal maintenance is classed as income. You won’t be left with nothing, the courts will look at what you need to live and often award that amount in some cases you will come away better off than your husband even though he’s the one who’s working (usually when you have more custody than him of any children produced in the marriage).
Most benefits are affected by SM the only ones I know for sure aren’t are DLA and PIP.0 -
You really joined the forum to comment on a thread that's 15 months old? :eek:I think you may be getting spousal maintenance mixed up with something else.
It isn’t a benefit, it’s what’s sometimes given in a divorce. It’s not unheard of it’s still very common.
OP will have been advised by a solicitor that spousal maintenance is more than likely going to be awarded.
To OP, spousal maintenance is classed as income. You won’t be left with nothing, the courts will look at what you need to live and often award that amount in some cases you will come away better off than your husband even though he’s the one who’s working (usually when you have more custody than him of any children produced in the marriage).
Most benefits are affected by SM the only ones I know for sure aren’t are DLA and PIP.0 -
I wasnt allowed my spousal maintenance from my ex husband they took it off my beniifits so now get 95 pounds every fortnight which is wrong0
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