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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.

UC claim - spousal support/CM?!

10 replies

Loops91 · 26/03/2024 21:32

Ex left when I was pregnant with DD2. I’ve been on SMP and OMP until now but going down to just SMP. He pays CM and has contributed towards the mortgage since he left until now, although he has reduced the amount every month and it has dropped by over £1000 and now only pays £200pm, so I fully anticipate this will reduce further (one of his financial control tactics).

I’m putting in a claim for UC but it asks if I receive any spousal maintenance/ex partner support. I don’t want to lie but equally this amount has reduced every month and is not court ordered so I’m unsure what to enter. Could I just put the amount down as CM? Otherwise the UC amount is reduced £1 for £1 of whatever spousal maintenance payment and I’m currently struggling to pay mortgage/bills/provide for DC as it is.

OP posts:
Jonathan70 · 26/03/2024 21:44

No experience re this but why don’t you claim as if he was paying no support and then declare it if he continues to pay or starts paying a consistent amount - or vice versa. I think you can make changes on an online account - varied incomes must happen all the time when people are self employed etc? Doesn’t it go on an average over an assessment period?

LemonTT · 26/03/2024 21:51

As long as you both agree this is Child support it doesn’t need to be claimed via CMS. If you don’t think he is paying enough claim it via CMS.

BloodyAdultDC · 26/03/2024 21:52

Claim via CMS then you know for sure what he owes for cm alone.

Loops91 · 26/03/2024 22:03

Sorry just to clarify, he is paying roughly the correct amount of CM (works for NHS so salary is in public domain) - I only need to claim UC for the remaining 6 months of my maternity leave.

It is just that any spousal support (not CM) directly reduces the amount of UC.
So say last month he paid
£525 CM
£200 towards mortgage

Do I need to declare the £200 as spousal support or can I just say he pays £725 CM so that it doesn’t affect my UC entitlement?

OP posts:
UnemployedNotRetired · 26/03/2024 22:20

Should be fine to say it is all child support.

PotatoPudding · 26/03/2024 22:22

I would say it’s all child support

Poppalina37 · 26/03/2024 22:23

Child support isn't counted. Your maternity pay is calculated like your earnings. In my case that's how it's working x

MahMahMahMahCorona · 26/03/2024 22:29

Does he pay the mortgage company directly? Or does he pay you and you pay for the mortgage?

What is the payment called for both the CM and the mortgage payment?

SplitFountainPen · 26/03/2024 23:50

If he pays you directly without a reference on the payment that says eg spousal maintenance then include it in the cm figure. Realistically you're probably spending it on the kids anyway (needing bigger property for them to live in etc)

LemonTT · 27/03/2024 08:30

I think your posts are unclear. Do you mean he pays you CMS and then additional money which is above that? Which could be considered spousal support? You have also inferred he is controlling and possibly there is acrimony.

In which case I would be assess what the risk he would cause problems in terms of effectively dropping you in it. Like I said if he agrees all the money he pays is child support you are ok. If he doesn’t and he resents paying it and then finds out you are getting UC what would he do ?

Have you told him you are going to claim UC? It will come out at some point as you divorce.

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