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Original poster

Is this legal?

27 replies

Peedoffstepmum · 13/12/2005 17:23

I have change my name for this one!My dp is currently going through mediation with his soon to be ex. She lives in the family home with one of the children and her partner, the older children verify this. She is claiming that he doesn't live with her for the divorce. It turns out that she is claiming family tax credits, presumably not declaring that he lives there too. Do any of you know is this legal?

OP posts:
zippimistletoes · 13/12/2005 17:25

tax credits should be based on her income and her dps is that what you mean

COPPERfeelunderSantasTOP · 13/12/2005 17:25

If she is claiming tax credits then she needs to declare the income for the whole household, not just her own. If the partner has any kind of income then the ex-dw has to tell the tax credits office.

OnTheFlossDayOfChristmas · 13/12/2005 17:25

Umm, obviously no! Otherwise she wouldn't be hiding it! I think you can report people who you beleive are claiming benefits without right.

Tinker · 13/12/2005 17:26

You don't know what she has declared for tax credits purposes.

walkinginawinterBundleland · 13/12/2005 17:27

family tax credits are available up to combined income of £58k iirc

SnowQueenVictoria · 13/12/2005 17:28

i dont know how much bearing a new partner will have on this though tbh. i dont know but the point is the dad has to provide the necessary for his child and not this new partner IYSWIM. It does suck a bit though.

zippimistletoes · 13/12/2005 17:30

doesn't matter particularly about the divorce does it?

Original poster
Peedoffstepmum · 13/12/2005 17:31

But presumably the amount changes according to the household income, so if she is not declaring his income - which is highly likely seeing as she is denying it for the divorce settlement, would she be commiting benefit fraud?

OP posts:
zippimistletoes · 13/12/2005 17:32

but his income wouldn't be declared for the divorce??

charlietherednosedpussy · 13/12/2005 17:32

The other partner may be there a few nights a week but be living elsewhere. Check that out before you do anything.

Original poster
Peedoffstepmum · 13/12/2005 17:33

Not for the divorce but she is claiming maintainance

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charlietherednosedpussy · 13/12/2005 17:35

However much he has to pay for his kids has nothing to do with her new partner has it?

OnTheFlossDayOfChristmas · 13/12/2005 17:36

For her or for the child? DO they even do maintenance for partners now?

COPPERfeelunderSantasTOP · 13/12/2005 17:37

I wouldn't have thought her dp's income would be taken into account for maintenance unless she re-married (although I'm more than happy to be corrected). In that case you may actually be better off this way. Her income is higher because of the extra tax credits so therefore dh pays less maintenance?

zippimistletoes · 13/12/2005 17:37

I thought clean break for marriage partners was the way to go now?

Original poster
Peedoffstepmum · 13/12/2005 17:38

Of course he has no problem paying to support his child (fyi we have one here too that she has never paid a penny towards). She wants him to support her financially - she says she can't work full time as the 14 yr old is too traumatised - this is all bullsh*t.

OP posts:
Original poster
Peedoffstepmum · 13/12/2005 17:39

If he is living there surely he would be expected to contribute towards the hosehold?

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OnTheFlossDayOfChristmas · 13/12/2005 17:41

Surely if they have one each, maintenance can't be owed? Unless they will both pay each other which makes a bit of a joke of it? Is she much worse off than you? How old is the child with you?

zippimistletoes · 13/12/2005 17:43

was she previously SAHM

Original poster
Peedoffstepmum · 13/12/2005 17:47

Your right Floss it is ridiculous. The child with us is 16, he came to live with us 2 yrs ago as the mother threw him out. Her dp doesn't like him and he is not even allowed in the house, the place that he grew up, where his sister lives, even though this bloke doesn't live there. To be honest my dp will probably do nothing about the benefit fraud as he just wants to be rid of her. She is certainly not worse off than us, 4 of us live in a 2 bed flat whilst 2(allegedly) of them live in a 3 bed house. Dp's income is higher but his outgoings are huge.

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Original poster
Peedoffstepmum · 13/12/2005 17:48

She works 3 afternoons a week in Tesco customer service. She also works 3 mornings a week for cash in hand.

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charlietherednosedpussy · 13/12/2005 17:49

peedoffstepmum do you and your dp have any children between you? You may want to ask the csa for a reassesment if you do.

zippimistletoes · 13/12/2005 17:50

hard to judge really but from what you say her dp income is irrelevant to the equation I think

Original poster
Peedoffstepmum · 13/12/2005 17:53

We have a 21 mnth old dd, the CSA aren't involved. She threatened to get them involved but I reckon they told her she was doing better than she would be if they were handling it. Y'know the sickening thing is that my dp is not trying to do her out of anything. He is happy to give her half of the marital assets but that's not enough for her.

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charlietherednosedpussy · 13/12/2005 18:32

Well he would be paying 15% of his net wage if he went through the csa.