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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:
unicornsarereal72 · 19/01/2021 20:54

I can only echo what has already been said. You won't get sm.

he has to paid child support only. Which is 12% of his £40k. Which is reduced by a seventh for each night he has dc a week.

You can claim UC. They will pay towards rent but not a mortgage.

You can get council tax benefit.
Child benefit.

You will not get a mortgage In Your name if you are not working.

If you claim UC you have to prove you are job searching for 35 hours a week. You are expected to be working moving to full time work when the child goes to secondary school.

So you either make this work for you. Or go to work. IC can pay up to 85% of your child care bill.

Don't forget CM will stop when the child is 18. As will some of the benefits. What your plan then.

Just as a side not my ex earned in excess of £60k. In 28 months I have had 4 payments. Cms are chasing him. But he has moved. Changed jobs and changed his phone number. I have quickly reduced my out going's to what I have coming in. With wages and benefit top up. Don't rely on CM. It isn't Guaranteed and the powers to chase are woefully inadequate.

Anotherlovelybitofsquirrel · 19/01/2021 21:45

Stop posting the same old thing! You won't get SM. Get a job. The end.

RoseMartha · 19/01/2021 21:45

@sallysm Legal fees for the divorce or the financial order?

I still recommend you call a solicitor even if you can not visit one you can probably get a zoom type appointment as initial advice. The initial advice should be free.
Then you decide how to proceed.

Although the financial order was sent to court. I did not have to attend court as ex and I agreed terms prior to that which the solicitor did all the work for , advised and put together and sent to the court.

He or she will give you a rough estimate for cost of both. Then you need to at least double it in your head. ( my divorce and financial order cost three times what I was originally quoted).

BlueThistles · 19/01/2021 21:53

isn't the OP's ExH married again with a child ... and he has full custody of the His/OP's child too ? or am I getting frazzled brain from very similar threads 🤔

Oldbutstillgotit · 19/01/2021 22:05

@ BlueThistles.
Yes I thought she was that OP but others think she was the one in the link .

Original poster
sallysm · 19/01/2021 22:33

I'm not sure whether some of your replies I should take as either disheartening or encouraging. Some of you thought it was worth fighting for and went to court, yet complain about the costs being more than you thought. Others of you took a different route.

OP posts:
MrsWaititi · 19/01/2021 22:35

Oh dear.

theantsgomarchin · 19/01/2021 22:36

@sallysm

I'm not sure whether some of your replies I should take as either disheartening or encouraging. Some of you thought it was worth fighting for and went to court, yet complain about the costs being more than you thought. Others of you took a different route.
Are you being intentionally ignorant?
Bythemillpond · 19/01/2021 22:45

Did anyone go to court to fight for spousal maintenance? Or did I miss something.
It has been referred to when women poster know have done it and won but the husbands in question earn far more than £40 or £50,000 per year

The examples I gave of the expense wasn’t anything to do with spousal maintenance but just court and solicitors fees because of a controlling and abusive husband and there was property and businesses to be divided up and the more expensive one was purely about arguing over small things and it got out of hand

Original poster
sallysm · 19/01/2021 22:47

No, I'm just making sure I do the right thing to help provide, and that means considering all possible avenues. It's not the easiest thing when you've got a child and a pandemic on your hands. And not everybody wants to work in a supermarket either if you have to work. Then what happens when you also just get turned down at interviews, or not even to that stage.

OP posts:
lunar1 · 19/01/2021 22:50

My friend went for SM on her husband's £250k+ salary after his affair. The we're together 16 years, have two children and she didn't get it.

Oldbutstillgotit · 19/01/2021 22:50

OP have you posted about this before as so many of us think ?
What’s wrong with working in a supermarket?
Before I retired I was a UC Manager and I can assure you that you will be expected to prepare/ look for work .

Original poster
sallysm · 19/01/2021 22:57

I haven't posted previously. There's nothing I suppose wrong with working in a supermarket, but it's not for everyone, and at the moment people are possibly best staying clear of them, and each other.

OP posts:
RainbowRaine · 19/01/2021 23:02

OP have you posted about this before as so many of us think?

The poster who was from abroad and wanted to know how she could divorce her husband and take everything he had, despite the husband not actually doing anything wrong.

omg35 · 19/01/2021 23:17

Okay OP, what job would you not see as beneath you out of interest?

louisejxxx · 19/01/2021 23:35

Am I reading this right?! Shock

Have you come straight from the 1700s OP?

CandyLeBonBon · 19/01/2021 23:39

I don't want to work in a bloody supermarket - it's light years away from my chosen career but if it's a choice between that and starving, I'll do what I need to do! Beggars can't be choosers op.

Doyoumind · 19/01/2021 23:48

I'm a single mum. It's bloody hard. You just do everything you can to survive. Your circumstances aren't exceptional OP. There are thousands and thousands of single mums struggling to get by. You do realise some don't even get CM, don't you? No one owes you anything and your ex doesn't have to contribute towards your needs, only your DC's.

EasterIssland · 20/01/2021 00:08

Even if we’re in the middle of a pandemic sure there jobs Around. I’m pretty sure the judge would ask you to work for yourself before removing those £500 from your ex. Have you ever heard about savings ? He works so he’s entitled to having savings.

Also , I don’t know your story but what would happen if you got 50-50 custody ? On that scenario your ex wouldn’t not even have to pay cm.

Crimeismymiddlename · 20/01/2021 00:24

Wow. You will definitely not be getting SM. In fact if child custody goes 50/50 you won’t get CM ether. Does your husband know that you are planning to divorce him? Also, and this is beside the point, it is very very rude to look down on people working in supermarkets while expecting someone else to fund you.

ArosAdraDrosDolig · 20/01/2021 00:35

You really do sound as though you’re taking the piss somewhat, OP! I say that as a single parent. Why should your ex find your living costs?! It isn’t his problem any more what your living costs are!

BlueThistles · 20/01/2021 00:44

Goading Thread .. it cannot be real .. has anyone reported it Hmm

CandyLeBonBon · 20/01/2021 00:49

@BlueThistles

Goading Thread .. it cannot be real .. has anyone reported it Hmm
Yep
Notmoreuodates5 · 20/01/2021 01:23

@Oldbutstillgotit I think I remember reading it too... but that OP said she had some health issues caused by her ex too. Sounds similar to this.

giggly · 20/01/2021 03:36

Op if you had come on here and had a good old moan and a tantrum about being left skint after divorce you would have got lots of sympathy from others in the same boat like me.
I earn more that your ex by working-full time since before and after my dc. However my exdh who earns half of what I earn has shitloads left after paying CM whereas I’m always skint as everything I have goes on providing a nice enough life for my dc.
Not fair but that’s life.
You seem to have missed the bit in grown up life where you have to provide for yourself and your child.