On mat leave, am I entitled to benefits?

[Mercier1]

Today is the first day I’ve thought it might be better if my husband and I split up. Long drawn out story I won’t go into. Can anyone advise me where I can find out what my entitlements are? I have a salary of 25k but I’m on maternity leave and as of next month I’ll be on statutory. I also have a small biz but I don’t take a salary from it right now. I can’t afford my basic bills if we split up, am I entitled to any help and where can I find out? I’ve used calculators etc online but they don’t account for the maternity leave.

Incidentally I come from another country in Europe, if I want to move back there with my kids will I be allowed too?

[Riverviews]

I cannot advise you on the benefits question. As for moving to your home country, generally the father can stop you. Are the children British? Were they born here?

[ScreamScreamIceCream]

OP your best bet is to find a local citizens advice office and go there with your paperwork e.g. pay slips to find out what benefits you are entitled to.

Ordinarily you aren't entitled to extra benefits while being on maternity leave just the benefits e.g. universal credit, child benefit you would get if you were working.

You should also put in a claim for child maintenance via the CMS which you can do online. Though it maybe better to ask your husband straight out for some regular monthly child maintenance as he may give you more especially if he's self-employed.

Unfortunately lots of parents are forced back into work once they are on statutory maternity/parental pay as unless you have savings it is simply not viable for most couples even full paid time of let alone the full year.

And as the PP said yes the father can prevent you returning to your home country with the children. Your best bet is to talk to him and sort out child arrangements so you don't have to deal with all the childcare costs. Also make sure you don't allow him to see them every weekend only as when they go to school you are setting yourself up for a whole heap of trouble.

[Mercier1]

@screamscreamicecream why not every weekend? Ideally I’d want 50:50 as he’s a great dad etc. But I have no idea how I can financially survive if we separate, I certainly can’t afford our mortgage. I’m absolutely terrified. My kids were born in the UK but hold passports from my home country.

[Mercier1]

So any benefits I’m entitled too are based on my normal salary when I’m working, and don’t take into account maternity leave?

[Prequelle]

If today is the first day you've thought about it being better, I think you're jumping the gun a little bit. What has made you feel this way so suddenly?

[Mercier1]

@prequelle I’m not going to act on anything at all but a trial separation might be best for my children. My husband is crying and wailing at the breakfast table, shouting at my toddler etc and it’s reached a point where his MH is making a relationship untenable but I’ll do everything in my power to prevent it coming to this, having said that I need to know my options. Hes constantly talking about leaving. 4 times yesterday

[stucknoue]

You can put into the benefits calculator online your monthly salary now which is whatever your statutory maternity pay is - you then add your child benefits, mortgage payment etc and it will calculate uc - it won't be much as statutory maternity is higher than income support already, mortgage is interest only and a loan.

[ScreamScreamIceCream]

OP because then he will have all the fun times with the children while you have the routine.

Normal for children is every other weekend and if they are school age half the school holidays.

If the kids are born here and the father is also resident in the UK then he can apply to court to stop you removing them without his permission.

[Mercier1]

@screamscreamicecream thank you this is useful to know. Hope it won’t come to this