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  • FIRST POST
    • Jadeliza
    • By Jadeliza 10th Oct 17, 3:16 PM
    • 1Posts
    • 0Thanks
    Jadeliza
    Spousal maintenance effecting benefits ?
    • #1
    • 10th Oct 17, 3:16 PM
    Spousal maintenance effecting benefits ? 10th Oct 17 at 3:16 PM
    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 didnít 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?
Page 1
    • Comms69
    • By Comms69 10th Oct 17, 3:34 PM
    • 7,587 Posts
    • 8,191 Thanks
    Comms69
    • #2
    • 10th Oct 17, 3:34 PM
    • #2
    • 10th Oct 17, 3:34 PM
    Spousal maintenance is almost totally unheard of.
    • bspm
    • By bspm 10th Oct 17, 5:01 PM
    • 484 Posts
    • 727 Thanks
    bspm
    • #3
    • 10th Oct 17, 5:01 PM
    • #3
    • 10th Oct 17, 5:01 PM
    Spousal maintenance is almost totally unheard of.
    Originally posted by Comms69
    almost totally but it is still available
    • pmlindyloo
    • By pmlindyloo 10th Oct 17, 5:11 PM
    • 12,251 Posts
    • 14,078 Thanks
    pmlindyloo
    • #4
    • 10th Oct 17, 5:11 PM
    • #4
    • 10th Oct 17, 5:11 PM
    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 didnít 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?
    Originally posted by Jadeliza
    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.
    • TELLIT01
    • By TELLIT01 10th Oct 17, 6:04 PM
    • 6,100 Posts
    • 6,815 Thanks
    TELLIT01
    • #5
    • 10th Oct 17, 6:04 PM
    • #5
    • 10th Oct 17, 6:04 PM
    Spousal maintenance is taken fully into account on ESA. Child maintenance is totally disregarded. Does the ex-partner pay both?
    • Comms69
    • By Comms69 11th Oct 17, 10:40 AM
    • 7,587 Posts
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    Comms69
    • #6
    • 11th Oct 17, 10:40 AM
    • #6
    • 11th Oct 17, 10:40 AM
    almost totally but it is still available
    Originally posted by bspm


    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.
    • bspm
    • By bspm 11th Oct 17, 10:56 AM
    • 484 Posts
    • 727 Thanks
    bspm
    • #7
    • 11th Oct 17, 10:56 AM
    • #7
    • 11th Oct 17, 10:56 AM
    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.
    Originally posted by Comms69

    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.

    • IAmWales
    • By IAmWales 11th Oct 17, 10:57 AM
    • 1,861 Posts
    • 3,932 Thanks
    IAmWales
    • #8
    • 11th Oct 17, 10:57 AM
    • #8
    • 11th Oct 17, 10:57 AM
    Spousal maintenance is almost totally unheard of.
    Originally posted by Comms69
    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.)
    • Bek85
    • By Bek85 13th Jan 19, 10:52 PM
    • 1 Posts
    • 0 Thanks
    Bek85
    • #9
    • 13th Jan 19, 10:52 PM
    • #9
    • 13th Jan 19, 10:52 PM
    I think you may be getting spousal maintenance mixed up with something else.
    It isnít a benefit, itís whatís sometimes given in a divorce. Itís not unheard of itís 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 wonít 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 heís the one whoís 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 arenít are DLA and PIP.
    • poppy12345
    • By poppy12345 13th Jan 19, 11:03 PM
    • 4,688 Posts
    • 4,406 Thanks
    poppy12345
    I think you may be getting spousal maintenance mixed up with something else.
    It isnít a benefit, itís whatís sometimes given in a divorce. Itís not unheard of itís 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 wonít 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 heís the one whoís 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 arenít are DLA and PIP.
    Originally posted by Bek85
    You really joined the forum to comment on a thread that's 15 months old?
    • Honey2k1
    • By Honey2k1 14th Jan 19, 6:09 PM
    • 5 Posts
    • 0 Thanks
    Honey2k1
    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 wrong
    • Honey2k1
    • By Honey2k1 15th Jan 19, 11:04 AM
    • 5 Posts
    • 0 Thanks
    Honey2k1
    Spousal maintenance
    My ex husband only pays for me now as my daughter left collage so now I get it from my divorce settlement of 400 per month so they took 180 off esa so now get 95 pounds every fortnight I think they have took to much from me.
    • Honey2k1
    • By Honey2k1 15th Jan 19, 11:11 AM
    • 5 Posts
    • 0 Thanks
    Honey2k1
    Carer
    Please dose anyone know if my partner gets carers for me .I heard it can claim serverley disabled premium do I qualify thanks
    • poppy12345
    • By poppy12345 15th Jan 19, 11:16 AM
    • 4,688 Posts
    • 4,406 Thanks
    poppy12345
    Please dose anyone know if my partner gets carers for me .I heard it can claim serverley disabled premium do I qualify thanks
    Originally posted by Honey2k1
    It would have been better if you had started your own thread with this question, rather than asking on another person thread.


    If someone claims carers allowance for looking after you then you won't be entitled to Severe disability premium.


    If no one claims carers allowance for looking after you then you must live alone or be classed as living alone.

    https://www.entitledto.co.uk/help/severe-disability-premium
    • poppy12345
    • By poppy12345 15th Jan 19, 11:19 AM
    • 4,688 Posts
    • 4,406 Thanks
    poppy12345
    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 wrong
    Originally posted by Honey2k1
    Spousal maintenance is counted as income for Income Related benefits, so the decision is correct.
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