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Working tax credit and rules relating to maintenance

16 replies

Willbeok · 21/07/2012 22:10

Can anyone tell me if working tax credit will count as income when working out a financial settlement with my husband, who has recently left me and our 2 children.
I am now a single parent and need the benefit to survive. I am at risk of losing our home.
He is hoping to pay less in maintenance by counting this as my income along with my salary. Is that right?

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RandomMess · 21/07/2012 22:11

Erm no CSA is based all on his income, yours doesn't come into it...

RandomMess · 21/07/2012 22:12

Calculator here..

www.csacalculator.dsdni.gov.uk/calc.asp

TodaysAGoodDay · 21/07/2012 22:14

It doesn't count. Maintenance is a whole separate thing.

Willbeok · 21/07/2012 23:31

What about rules about keeping a roof over our head. Will he have to provide some financial support? We have been married for 20 years.

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Sighingagain · 21/07/2012 23:33

He will get assessed by CSA if you approach them - that's all he will have to pay - sorry :(

Willbeok · 22/07/2012 06:09

Thanks.

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PerUnaBomber · 22/07/2012 06:19

If you have children under 18 living with you, you can stay in the family home until they turn 18 - he can't force you to sell it. have you still got a mortgage to pay? Child support also based on number of children you have and how many nights a year they are with you - you will get less if they are 50/50 at each parent's. On the flipside, your WTCs and CTCs are not affected by child support payments - as a single parent you may be entitled to higher rates, also council tax discount.

Sighingagain · 22/07/2012 09:22

Ongoing maint isn't the same as financial settlement - you are entitled to a share of his pension, if children a high percentage of the equity in the house.

If you can afford to buy him out - while property prices are depressed is a better time (in my opinion only), rather than later on when they have gone up.

Good luck.

HauntedLittleLunatic · 22/07/2012 22:19

Sighing....can you point me in the direction of verfification that children mean that you can claim a higher equity in the house? I was expressly told (admittedly by CAB - not solicitor) that it was 50/50 unless negotiated otherwise and there was no precedence to split otherwise. Provision could, however, delay the splitting of equity until children reach 18 or I marry if that was necessary for me to house them.

Sorry for hijack

Sighingagain · 22/07/2012 22:30

Haunted are you married?? Go on wikivorce. It's am excellent website for people divorcing.

Dhs solicitor said 80-20 split in equity was the norm, and mine also said same - albeit years ago.

(Dh gave ex all equity).

Sighingagain · 22/07/2012 22:34

wikivorce - includes free helpline no

You are referring to a mescher (SP) order.

HauntedLittleLunatic · 22/07/2012 22:42

No we weren't married, but CAB didn't seem to think that affected the way that shared assets were split.

Sighingagain · 22/07/2012 22:48

direct gov link

Best thing is to post in legal there are differences but I'm
Afraid I don't know that they are.

CogitoErgoSometimes · 23/07/2012 09:23

Financial matters can be something you work out with your solicitor as part of the divorce. They can advise you what the conventions are and also give you specific advice based on your circumstances. Tax credits don't take maintenance payments into account and your benefits shouldn't count as income when working out fair maintenance payments. They should be quite separate.

Willbeok · 25/07/2012 22:58

My twins are 12 years old and we do have a mortgage. I need a reasonable settlement to afford to stay in the house. I work part time but friends have suggested that I may be required to return to work full time. That cannot happen instantly and may take several months.

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Willbeok · 25/07/2012 23:02

My twins are 12 years old and we do have a mortgage. I need a reasonable settlement to afford to stay in the house. I work part time but friends have suggested that I may be required to return to work full time. That cannot happen instantly and may take several months.

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