Ex husband and Tax credits?

[Lilaloves]

Hi,Can anyone help me out here?

I am separated and in process of divorcing.I am a sahm to two dc.Ex husband is self employed/Sole trader.
At solicitors meeting it was requested that I look into claiming benefit as have never received any benefits apart from standard child benefits.

Looks like I am going to receive £400 in tax credits.At second solicitors meeting they are now saying I will have to accept a lower offer in monthly spousal support from exdh as I am now better off due to the tax credits.I really don't see why I should have to receive benefits if exdh can afford to pay?

Exdh is also claiming he only earns 30 thousand a year,which I very much doubt,but as he is self employed he can pay himself a very low salary to keep money within his business.

So my question,if he maintains he earns a low income can I not request he claims benefit also? Would he be eligible? Earing 30 thousand a year?
Thanks

If he is SE he is the business, the business has no separate legal identity so he cannot pay himself a salary. All his sales are his income. Only if it is a limited comapny can he pay hinself a salary and retain money within the business.

Vickibee- So as a sole trader is it his total yearly sales or his yearly profit that any maintenance to me will be calculated on and not his yearly salary?

I would guess it would be his net profit that would be used if you look at it logically

Is he a limited company? If so, as has already been said, this is different (and of course all his accounts will be registered at companies house)

if he can pay he should, why is it down to the tax payer

it will be net profit (sales less business xps) which of course can be manipulated

But he will also have to show previous years accounts (3 years approx) which will give a balanced view and flag up if profits suddenly drop drastically.

lila it makes no difference to the tax payer how much spousal is paid - the tax credits would still be the same amount