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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Spousal Maintenance vs Universal Credit

326 replies

sallysm · 16/01/2021 23:10

I'm confused about how courts balance an order for spousal maintenance (SM) against universal credit, given that receiving SM results in a £ for £ reduction in universal credit (UC).

For example, let's say someone without a job and 1 preschooler, says their reasonable needs are £1200 a month, and their husband is on 40k.

So the Ex has to pay about £400 child maintenance
That leaves a shortfall of £800

Does the court order the Ex to pay £800 SM? (leaving him to live on £1100) Or do they tell the person to claim the £800 (as possible) from UC instead?

OP posts:
namechange202086 · 17/01/2021 15:35

You are utterly taking the piss.

Casander · 17/01/2021 15:44

This must be a weird reverse, surely nobody is this entitled Confused

Username7521 · 17/01/2021 15:50

Can I ask why aren’t you providing for you and your child in the scenario?

MiddleClassMother · 17/01/2021 16:26

Why is your needs your STBXH'a problem. Child maintenance is for the child, not you. If you can't get a job then you have to claim UC and live off that. You will absolutely not get SM on that wage, it's also quite selfish of you to assume your ex can live on less money so you'll be more comfortable…

WednesdayWoohan · 17/01/2021 16:32

Your needs are now your problem. Your exDH only has an obligation to your DC.

FelicityPike · 17/01/2021 16:34

This is hilarious!
There’s no way your ex is going to be ordered to pay anything other than CM. As someone said, if he gets 50/50 care of his child then he won’t even have to pay that!

Lougle · 17/01/2021 16:38

Have you read something that gave you the impression that you would be eligible for SM? Unfortunately, one of the downsides of divorce is that you need to find your own money.

Littlepaws18 · 17/01/2021 16:44

You need to get a job. It's not his responsibility to feed and clothe you. As for needs you will be surprised what the courts count. Rent and childcare being really the only thing they take into consideration for legal aid no bills of any kind I.e gas or water.

But I have to say your attitude isn't great, you can't expect others to fund your lifestyle. Get a job or live off universal credit which shouldn't be a lifestyle choice.

He clearly needs to pay maintenance which you can work out on the cms calculator

FelicityPike · 17/01/2021 16:46

Are you the same poster who’s posted very similar a few times & just keeps reposting when you don’t get the answer you want?

HercwasanEnemyofEducation · 17/01/2021 16:48

WTF did I just read. Why would you not get a job?

Entitled much.

MichelleScarn · 17/01/2021 19:03

@FelicityPike

Are you the same poster who’s posted very similar a few times & just keeps reposting when you don’t get the answer you want?
Ahhh! Yes.... I'm sure I remember similar, posted several times from slightly different perspectives, but all same issue!
SoVeryLost · 17/01/2021 19:23

@sallysm

So, my STBXH is probably on 40k. Online it says that's a take home pay of about £2300. Then he'd need to pay out £400 in CM. That leaves him on £1900.

I think my needs would come to at least £1400 actually (and that's keeping things minimal). So if I'd get £400 CM off him, I need another £1k to get by. From what I understand, UC would only bring in another £850 (if I'm out of work). And if he pays that as SM, that reduces the UC, so I still haven't met my needs.

Also I guess what I meant about SM vs UC, if someone goes to court asking for financial help from their Ex, is income available from UC counted before a decision is taken as to whether the Ex should pay SM? Surely the court would prefer the Ex pay any shortfall if it can be afforded, rather than the state pay it.

Also if my STBX has a take home of £2300, less £400 CM, he still gets £1900 to live on. And I think he'd be able to get by on £1300/month. So I disagree he couldn't afford to pay his remaining £600 as SM surely? My needs are greater than his, our child lives with me and my bills would be at least a few hundred higher than his each month. Whilst not trying to sound unreasonable.

About people saying get a job, you surely can't be ordered to get one, especially not in a pandemic and with high unemployment (who knows how long that'll remain for).

You need to go onto www.entitledto.co.uk and see what you will get. Child Maintenance is not taken into account.

The judge didn't order exDH to get a job but he did tell him to sort himself out and he was working (just made himself extremely unprofitable). I would avoid court if you can get a reasonable agreement without it and spousal maintenance isn't reasonable on his pay.

LastRoloIsMine · 17/01/2021 19:26

GET.A.JOB

unmarkedbythat · 17/01/2021 19:37

Tbh, I do sort of see where you are coming from, but you're still BU. Your children's father needs to be able to provide a home for them with him, too. CMS minimums are low, it would be good if he paid more than those, but it's not going to be £600 more, is it? You are going to have to seek work.

bg21 · 17/01/2021 19:45

your needs ? poor ex husband ! get a job and a support yourself ffs

blackcurrantjam · 17/01/2021 19:56

Universal credit plus job plus training to get better job. UC do pay some childcare costs too plus free eye tests and free school meals so it all adds up. Plus CM it's really not too bad. No luxuries as it were but as a stop gap to future earning if you are getting back on your feet, we are really quite lucky in this country to have it. Perhaps it's early days and you need to get your head around the fact that it's on you now.

Stationfork · 17/01/2021 19:57

You will be expected to get a job. You can claim UC for a while with a baby without having to actively look for work but not long.

theantsgomarchin · 17/01/2021 20:00

With all due respect, you sound like a right CF! (Not to mention lazy)

If you're getting divorced, why should he be expected to continue to support you? You're no longer his responsibility. Do you expect him to find your lifestyle forever because you don't want to get a job.

Sorry to burst your bubble but just because you want him to fund you, doesnt mean he should. Get a job and support yourself like all the other single parents.

blackcurrantjam · 17/01/2021 20:02

You can also earn up to 500 ish without your payment being affected.
I think it's 3 you have to work, 1-2 not, 2-3 you have to have a work type chat then 3 you have to look / work .. might be 4 but think it's 3...

CandyLeBonBon · 17/01/2021 20:08

Oh dear op. Sorry, you need to get out to work I'm afraid. It's not your ex's job to make up the shortfall so you can be a sahp.

BillMasen · 17/01/2021 20:10

A PP has it spot on, you have it the wrong way round

It’s incredibly entitled to say “I want X to live off, so how much comes from my ex and how much from the taxpayer”

You’ll get cm, and uc. That’s what you have to live off. Cut your cloth accordingly

Macaroni46 · 17/01/2021 20:11

Lol. Getting an f'ing job like the rest of us!

Doingitaloneandproud · 17/01/2021 20:18

Get off your arse and look for a job. No judge will order your future ex husband to pay for you, not on that low a wage.

CandyLeBonBon · 17/01/2021 20:31

My creative business has ranked since March 2020 - I now have a job in a supermarket to replace the salary I was earning from my business. There are plenty of jobs out there. Even if it's not what you'd normally do. But I suspect this is just a nice goady post to get everyone frothing!

CandyLeBonBon · 17/01/2021 20:31

Tanked not ranked