About DLA and divorce settlement

[Bigbluebuttons]

Briefly, I am the RP of my 3 kids who all have the same disability. They get DLA, which goes towards their therapies, equipment etc.

My STBXH believes that the DLA should be counted as my income, and therefore should be taken into account in our settlement, which is basically cutting up the pensions and house equity.

I’m arguing that it’s not “my” income, can be revised and reviewed without much warning and it’s for the kids! He sees them for about 4 overnights a month.

AIBU?

It should be noted but not counted as your income - it should definitely be stated that you're in receipt of DLA for your children though. Does 100% of the DLA go on their treatment/therapies/equipment etc or does some go on things like you needing a car because of their disability or you not being able to work full-time because of their disability etc?

It all goes on them either directly or indirectly. Mostly directly actually. I can’t think of a way in which I personally benefit from it.

DLA is never counted as income as it's used for services transport etc for the disabled person. It will probably be noted somewhere that they get it but no it's not income at all.

What does your solicitor say?

She hasn’t commented specifically on this yet, it’s one of a list of things to address.

DLA is awarded in the name of the child. It is not your income

DLA is not counted as your income. It’s in your children’s names for a start, not yours.

This was what I’ve been told regarding renting and when coming up with a debt repayment plan.

The fact your ex is using the children’s DLA to try and financially screw you over and by extension your children makes him a cunt. Imo.

Dla can massively increase tax credits- does he want that taken into account too

Presumably even if you were counting it as your income, you would have equal expenses that would make it basically zero?

Of course it's not counted as income. Rest assured he will be embarrassed legally.

He's going to look a proper tit...

It isn't counted as income at all, not for this, not for tax purposes.. nothing.

Get your solicitor to pull their finger out though!

DLA isn't income. UC don't count it as income. It's to add on to income to help with the needs of disabled kids.
Your ex is mistaken (vile, vile, vile)

Dla is a non taxable benefit and like csa or rather cms payments does not count as your earnings. He is trying it on

He’s wrong

He is a massive massive arse, and the only place he has any nerve endings is his wallet. He’s hugely financially abusive, so this is just one of a long line of dick moves he’s tried to pull. I really hope he does look like a tit in court. His own solicitor seems to just send whatever is passing over STBxH’s frontal lobes, rather than give him actual advice. Either that or he just doesn’t listen.

@Bigbluebuttons

He is a massive massive arse, and the only place he has any nerve endings is his wallet. He’s hugely financially abusive, so this is just one of a long line of dick moves he’s tried to pull. I really hope he does look like a tit in court. His own solicitor seems to just send whatever is passing over STBxH’s frontal lobes, rather than give him actual advice. Either that or he just doesn’t listen.

It’s horrible dealing with these arseholes but he’s massively in the wrong and he will be told as much during proceedings. Hopefully in a really awkward, horrible way (for him).

It depresses me so much the sheer amount of NRP (all men in my experience- not necessarily the reality) who go out of their way to do their own children dirty to benefit themselves and get one up on the the RP.

He's wrong.

Dla isn't yours or his money. It's your CHILDS money. You're just instructed to look after it. Therefore isn't included.

He will look like a giant arse in court and it will count against him. Judges really don't like this kind of behaviour.