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To think he should pay half the debt?

(16 Posts)
TheGhostNotMe Sun 28-Aug-11 18:51:21

Ex husband and I split up 2 years ago.

We were together for 3 months of the new CTC year. In that time he wasnt working or earning a penny. I worked 16 hours, paid for childcare, claimed CTC to pay for everything, housing benefit etc. Everything got paid into my account (we didnt have any joint accounts) and I bought all food/paid rent etc etc. He didnt recieve any JSA as he was self employed.

When he left he stayed out of work for 4 months and then worked for the remainder of the Tax Year. This meant our joint claim was over paid by £1000. I argued, but they said we had to pay it.

I rung last year when they told us this and they said they would persue me for half and him for half as it was a joint claim. I have been paying £5 a week to clear my half.

He has now got a pregnant girlfriend and will be claiming tax credits as a couple again. I reminded him of the debt (they weirdly havent been chasing him) and he flew off the handle.

He says he never received a penny of the money, therefore I have to pay the entire debt. I said that that money claimed put food on the table for him, clothes for his back, heating and electric for him to play his bloody computer all day, so as a household he used that money. He argues that he never got it, I did.

He also said that I owed him money from a house we bought in 2003. He gave me £12k, the house was in my name. We sold with £45k equity - which £25k was used to clear debts he had run up. The rest I had to use for stuff such as keeping us afloat when he had no work at Christmas etc.

He owes me £810 in Child Maintenance arrears, which he is now threatening to keep to pay this debt. (he is due a tax rebate) We dont go through the CSA as he has always said if I try he will go "off the books" (hes self employed) or on the dole. He pays me pittance of £30 a week for 2 boys and refuses to discuss more (he earns around £12-£17k a year profit so this is way under) I am also £3k of debt from when he wasnt working as we got rehoused, which I am paying as it covers things like the carpets, cooker and rent and he doesnt live here.

AIBU to think he is being a complete twat and should just pay the money he owes? I am now having an anxiety attack that he wont pay me the £800 he owes, which I really need as I am in the shit with nursery fees and stuff this summer. I cant believe I reminded him in the first place, I should have kept my bloody mouth shut.

So AIBU, should I pay the whole CTC debt or should he pay half as it was a joint claim at the time we were married?

BooBooGlass Sun 28-Aug-11 18:55:56

Take him to the small claims court. My friend had a remarkably similar case, the wtc was in her name but paid to her partner. I didn't think she had a hope in hell of getting the money tbh but the judge ruled in her favour, the debt is no longer in her name and he owes tax credits a few thousand. Havign said that, I don't think it's fair that his girlfriend would have her tax credits docked to pay for his idiocy. So it's a tough one.

SheCutOffTheirTails Sun 28-Aug-11 18:59:00

God, why did you mention it? [despair]

That half was his problem, and now you've made it yours again.

Of course he should pay half, but from the sounds of things he was a cocklodger when you were together, and he's clearly not above leaving his children without any money from him.

He sounds like a dodgy, dishonest piece of work and now you're in the happy position of no longer having to have much to do with him, I suggest you take full advantage of it.

SheCutOffTheirTails Sun 28-Aug-11 19:01:27

You're surely not suggesting he have his debt written off because "it wouldn't be fair" on his new partner that it be paid back?

TheGhostNotMe Sun 28-Aug-11 19:15:21

BooBooGlass, the girlfriend wont have her tax credits docked. They arent allowed to take off the debt from a new claim, but they can chase you separately for the debt. Thats why my claim is paid in full every week, but I pay them back £5 a week.

Shecutoffhertails, I am really glad I have no more to do with him in that sense. He still is shit with money - one instance included him buying his sister a £200 Wii for her birthday as he had been staying there in the weeks after leaving us. Whilst he hadnt paid me even £5 for the kids in those whole 8 weeks. His priorities are fucked.

TheGhostNotMe Mon 29-Aug-11 09:24:27

Shamelessly bumping for more opinions....

SlackSally Mon 29-Aug-11 09:32:45

What a nobber.

Don't understand how he can possibly argue it isn't his debt.

No suggestions other than to pursue through small claims court as BooBoo said.

Good luck.

FabbyChic Mon 29-Aug-11 13:32:06

So long as you don't have to pay it where is the problem? Men are born assholes never rely on them for fuck all.

AllGoodNamesGone Mon 29-Aug-11 13:59:50

I suspect he never had any intention of paying you the £800 anyway and is now using the tax credit thing as an excuse.

I agree that the small claims court may be your only option and I would go down the CSA route tbh. You are not getting any money from him anyway so why make it easier for him?

ZonkedOut Mon 29-Aug-11 15:15:15

Tell him that if he goes off the books, you'll report him to the tax man. That might make him think twice about it, regardless of whether you actually intend to or not.

TheGhostNotMe Mon 29-Aug-11 19:54:58

Thanks. Fabby the point is he wants to use the £800 he owes me to clear it, saying its my debt. Wanker.

I will see what happens, if he does do that I will take him straight through the CSA. I dont want to sour what is left of civilities between us, but I am getting really fed up of his sense of entitlement and lack of want to provide for his bloody kids.

ballstoit Mon 29-Aug-11 20:17:25

I think the 2 issues are seperate...IMO you owe the TC, not ex-H. I'm struggling to see why a) how you ended up owing money if you went from being in a couple to being a single claimant? If you informed them of the change of circs, they should treat it as 2 seperate periods of claim?

b)if you got paid the money, why you think he should pay it back? I think he should pay the maintenance, obviously. But I also think you should pay back the TC...he didnt get any of the money. So if you're paying the TC, then he should definitely pay the maintenance.

If I've missed something, I'm happy to be told, wouldnt be the first time.

TheGhostNotMe Mon 29-Aug-11 20:24:15

Ballstoit, the over payment was from the April -Jul we were together in 2009. He wasnt working at the time, so his earnings were £0. He then got work, so we were overpaid tax credits on an annual basis. It was a joint claim, but those 4 months were affected by what he did when he left. The money was for us both, but came into my account as the main applicant. He brought no money into the house at all in those 4 months, so it was all spent on food, electric, gas, clothes etc. When he left I immediately went to a single person claim, which has been fine ever since.

Does that make it clearer? The Tax credits were paid to us as a couple when we were together for those 4 months.

OneMoreChap Mon 29-Aug-11 20:27:56

Stick him with the CSA and shop him up for tax.

No, YANBU.

ballstoit Mon 29-Aug-11 20:47:24

Was he on JSA for the 4 months of the joint claim? Was in a similar situation myself on 2008-09 claim, but they treated the time I was single claimant as a seperate claim period if that makes sense?

I'd get this taken up by your local MP, as I'm pretty sure you shouldnt owe anything to Tax Credits...how far have you gone along the appeal process? They are fuckers, and will try their best not to help you out, but if you appeal, and the overpayment was not your fault (which, as you're not Mystic Meg, it clearly isn't!) then they can't force you to pay it back.

TheGhostNotMe Mon 29-Aug-11 21:16:24

He was on JSA, but due to being self employed he didnt receive any cash as such.

We owed £250 for apparently declaring the wrong type of JSA (I did explain but hey) and then the rest for being overpaid -his yearly estimated earnings were £0 when we were together, yet went to something like £8k by the end of the financial year. So averaged out it meant we were overpaid for that 3/4 month period.

I did appeal. I wrote a very long letter which they basically turned down flat. I said that I shouldnt be held accountable for the fact he decided to get off his arse and get a job after he left, etc etc but they refused to listen, stating they always work on a yearly averaged figure. I gave up after that, and have been paying £5 a week for half of the overpayment.

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