Does getting tax credit then affect what ExH pays?

[ValentineBombshell]

Have another thread running (very long/don't look ) but this is a very specific question am hoping you can advise.

H left 4-5 months ago after 21 years together, we have 3 small children.

He has been paying 25% child maintenance and 25% spousal to meet the shortfall that my salary will not meet (or actually I pay him, since his salary is still paid into what is now just my account).

My salary just covers childcare (which is a very sizable chunk of it), plus food and diesel to get to work; the bills are covered by the child maintenance, the mortgage by the spousal payment which keeps a roof over our heads. There is nothing left over at the end of the month so when the fridge freezer died and the car needed a service, I went into overdraft and cut back on food.

After 4 months tax credits have finally been processed - yay - and the amount will cover the cost of my childcare and, based on the current set up, the kids and I are going to have some money left over at the end of the month. But now I'm in receipt of tax credits, does that mean that H cuts back on the spousal maintenance, bringing me and the kids back to just covering costs/same as before and he benefits by seeing a rise in his salary as a result?

Or am I looking at it all wrong? Happy to be corrected!

Tax credits aren't affected by maintenance payments and vice versa. How much or how little your ex pays in maintenance is decided either between yourselves, a court or something like the CSA.

If that's the case, that would be a big relief, I thought they would certainly count as income. My tax credits are generous this year as I was on maternity leave last year, but next year they will fall off dramatically as I am back at work now and without H's hefty financial contribution it's hard to see how we'll cope.

Thanks CogitoErgoSometimes.

He is under no obligation to pay you the spousal maintenance, CSA assessment (for 3 children with no other reductions for over night contact, other children living with him etc) is 25% of his net salary. That said, he CAN pay above this if he chooses to, and if this is all given to you under the guise of child maintenance it should not be used in any benefit assessments. I would have thought though that even if he decides to stop paying the spousal maintenance, he will still be liable for half the mortgage?

I would be wary of continuing to have his salary paid to you, if ever you need to produce bank statements for benefits purposes this will look extremely suspicious. I would move to him having his salary paid to him and then him paying maintenance to you.