Spousal maintenance question

[TheOtherHotstepper]

Does anyone have the answer to this one please?

DB has been ordered to pay spousal maintenance for a limited period of time.

He is OK about paying it, but his [not so] DW is asking him to make the payments to an adult child of the family rather than into her bank account. DB thinks she should be paying her direct and has asked for her bank details. In return, she has accused him of financial abuse and threatened to go back to court.

Is there a rule somewhere that says the maintenance has to be paid direct to the recipients, or can she legally tell him to send it to a third party?

Thanks

Is the ex applying for universal credit? If so, the spousal maintenance will reduce her entitlement

Of course he should pay it to her as has been ordered by the court. If he doesn't, how will he prove he has made payment? He can't. So could be liable for arrears if she were to take him to court for non-payment. Unnecessarily risky for him.

If he paid anyone else than her he would be in breach of the order. Sounds like she doesn’t want to declare the income, let her go back to court.

Sounds like a tax dodge, and wanting to be eligible for more benefits. It should absolutely go only to her, and into a bank account. If she refuses to give over the details, and threatens court again, I would be putting thr required amount into a seperate account, which he would have available from whenever she either accepts it, or takes it back to court.

Could he give her a cheque?

No chance I would pay to someone else, the court order is to pay to her so he needs to pay to her. If she wants it to go elsewhere she can then pay it to the other person.

It sounds like she is trying to do something dodgy here (does the adult child live with her by any chance?) but your DB needs to protect himself and follow the court order. If he doesn't how can he prove he has paid the spousal maintenance at all? The adult child could claim payments were for something else

@Dragonskin , my thoughts exactly.

Yes, adult child lives with her.

She is now saying all her direct debits come out of child's account. I'm not sure I believe her.

No, the others are absolutely right, he should pay her directly otherwise how can he prove that money was, in fact, definitely for her? She can transfer the money herself, as needed, once she has been paid.

Direct debits can’t come out of a Child’s account. You have to be 18 to set them up

Very strange set up....

If that is the case, then she can transfer into her child's account.

Definitely pay it into XW account only. She's onto a scam by wanting it not registering in hers

Well then she simply needs to set up a standing order from her account to the child's

The "child" in question is an adult.

She obviosly wants to claim benefits so don't pay it into someone else's account. Her threats are empty. Ignore them.

I'd say she's trying to claim more benefits than she's entitled to. Tell him to call her bluff and take him to court because he shouldn't be paying them into another adults bank account. Bet she doesn't do anything of the sort.

When you apply for universal credit you have to declare any income you have which spousal maintenance obviously is.

This would reduce her right to universal credit, possibly to 0 depending on the amount received.

If she fails to declare the income she is breaking the law, and if your dp pays the money elsewhere on her request he is an accessory.

I would tell her that the answer is that he will be paying the money into her account. She doesn’t have a leg to stand on.

I would agree with this ^^ she is probably trying to claim a means tested benefit at the same time as getting the spousal allowance & knows the allowance will knock down the benefit payments (as it should)

Definitely trying to dodge Universal credit rules.

I agree with the other posters

Not only is she trying fraud, she could potentially abuse him of not paying her at all

"Do you want the money or not?'