To expect greedy ex to make provision?

(38 Posts)
Hairyhat Sun 09-Oct-16 13:30:50

The father of my 6 year old has just started (reluctantly through child maintenance options) to pay me minimum child maintenance. His job is high paid and he will get a good pension.
My problem is if he dies, before realising pension age (his lifestyle is very unhealthy) and while my child is still dependent, would his offspring be entitled to any of the pension?
Also, he will reach retirement age before our child is 16, will I still receive maintenance?
He never has the child overnight or contributes in any other way. Sees the child once per month for approx 2 hours. I have to drop off and collect.

LemonSqueezy0 Sun 09-Oct-16 15:06:51

I'd seek legal advice tbh. Workplace pensions usually have a nominated person who receives the money so while he won't have named you, you won't know if he's named your Ds if he wants to wind you up by not saying. I think you can claim Child maintenance against an estate but I'm not sure on the details to be honest. If he retires before CM naturally ends you'd have to apply for a variance if you thought he had deprived you of CM purposefully. It's all a bit of a minefield tbh. Sorry to not be of more help.

Foslady Sun 09-Oct-16 15:58:50

My xh's large workplace used to say that the person on the form was a nomination by the person who was being employed. In the event of their death you could apply to the trustees of the fund for an allowance of the pension (I used to have the same pension). Might be worth checking that option out

HereIAm20 Sun 09-Oct-16 16:35:27

As regards inheritance if ex has not made provision in a will child would have a claim against the estate if a dependant, so whilst maintenance is being paid.

Hairyhat Sun 09-Oct-16 16:53:27

Thanks lemon. I can't afford a solicitor. I only work part time and the money I get from my ex is very handy. I just wonder if he hasn't named a beneficiary of his pension for death in service, who does it go to, if anyone?

Hairyhat Sun 09-Oct-16 16:55:56

Thank you Foslady, it is a large workplace pension.

Hairyhat Sun 09-Oct-16 16:58:29

Thank you HereIAm20. There will be no estate as my ex spends all of his money every month (on himself until the CSA helped me).

SEsofty Sun 09-Oct-16 17:06:10

Depends entirely on the terms of the pension and indeed if there is death in service..

If there are any assets and he hasn't made a will then will go to next of kin. Is there something else who would be next of kin

Hairyhat Sun 09-Oct-16 17:33:41

Yes he has 2 older children who are both adults now. There is no estate. He rents and spends all his money each month

Hairyhat Sun 09-Oct-16 17:33:59

No assets. Just the pension

dimots Sun 09-Oct-16 17:41:06

Most large company pension schemes do have provision for a reduced pension to be paid to dependents when the pension holder dies. Children under 18 (or even 21 - depends on the scheme) are classed as dependents. I think this is the case even if he has not nominated them - as that usually applies to the death in service benefit rather than the pension.
Can you get the name of the pension provider & his NI number so you can put in a claim for pension if he dies?

Hairyhat Sun 09-Oct-16 17:54:47

So I need to put in a claim now before he retires or dies? He is unlikely to give me his NI number but maybe the child maintenance options people would have it? Would they give it to me though? Also, he's not named on the birth certificate (he couldn't be bothered to come with me). Would that affect anything?

Cinnamonamy Sun 09-Oct-16 18:05:52

My df died in service, he also had previous workplace pensions and they were split between my sibling and myself. Im not sure if it was automatic or he named us on a form like pp suggested.

Hairyhat Sun 09-Oct-16 18:27:50

Thank you everyone. I suppose I need to go to CAB to get clarity and find out if I should be making a claim now or what to do if he dies in service

wheresthel1ght Sun 09-Oct-16 18:31:36

Were you married? If so part of the financial settlement is normally provision for the child til he/she reaches 18/21 depending on judge. For my dp it is stipulated that both him and his ex have to have an insurance to cover maintenance.

As for pension again if you were married this should have been handled during divorce.

If not I think you need to find the money for legal advice

user1471544305 Sun 09-Oct-16 19:00:56

If he pops it you might have to get a full time job. My kids dad died we weren't together the last thing I thought about was money. I was more concerned with the fact that they had no father anymore.

user1471544305 Sun 09-Oct-16 19:02:15

I really can't believe your post it's real distasteful. It's easy to earn more money it isn't easy to replace a child's father

Starryeyed16 Sun 09-Oct-16 19:05:08

It's abit off you would consider this when he isn't dying yet just because someone doesn't make good lifestyle choices he could live till old age. My ex DS DF has had cancer an aggressive form in his teenage years it could come back at anytime in his life but I consider going for his pension scheme for maintenance tbh the thought would never of entered my mind.

Starryeyed16 Sun 09-Oct-16 19:06:13

Wouldn't'

ScaredAboutTheFuture Sun 09-Oct-16 19:12:40

I think OP is being very sensible. We are always told to plan for the future and that is exactly what she is doing.

We did the same when my Dad was terminally ill - got the paperwork sorted so when the time came that was one less thing to deal with.

MinistryofRevenge Sun 09-Oct-16 19:25:27

If it's a large occupational pension scheme (as against a group personal pension), it'll be a trust and it will be the trustee who decides who receives any death benefit - your ex can express a wish as to who the recipient(s) should be, but the trustee has to consider all reasonable options. Generally, they will take into account a minor child who was being supported by your ex. They might also have an obligation to pay a pension to your child - but this depends on the rules of the pension scheme.

You don't need to put in a claim now, and it'd be pointless to do so - you don't know when your ex will die, he might outlive all of us, including you.

user1471544305 Sun 09-Oct-16 19:30:49

The money doesn't go to you. If he dies with no will what's payable on his pension goes to his heirs. If one heir is under 18 that goes in trust. You see none of it.

LemonSqueezy0 Sun 09-Oct-16 19:37:40

Back off, she's clearly asking about provision for her child. Hopefully anyone with a child, in a LTR or not, has given at least passing thought to how they'd provide for their children in events such as their own, of their partners death. Absolutely no need to snark about it. I'm sure OP will consider getting a job etc but still doesn't mean the DF ex shouldn't make provision for his child too.

dimots Sun 09-Oct-16 19:42:53

user1471544305 - I think you're thinking of the death in service lump sum. This is different from the pension paid monthly once the ex retires. Usually this continues to be paid at a reduced amount to dependents - including dependent children.

It is certainly not grabby to expect a dependent child to be supported by its dead fathers pension and it isn't morbid or disgusting have a plan if the worst happens - if that were the case no-one would ever buy life insurance!

MinistryofRevenge Sun 09-Oct-16 19:46:31

user, that's not correct; if she's talking about an occupational pension, then whether or not he's made a will might be relevant to the trustee deciding who to pay any lump sum and/or pension to, but it's absolutely not the case that it will go to his heirs, nor that it will necessarily bypass the OP. If the money is paid into trust, it's quite likely that the OP will be a trustee, and will be expected to use the money for her child's support.

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