Do I need to claim benefits?

[ctm2342]

My XH says he has been voluntarily paying me effective spousal maintenance, on top of child maintenance - and that he cannot sustain this any longer. He says he has run my details through a benefit calculator and that I'm entitled to substantial benefits, which would total slightly more than he is voluntarily paying me at present.

We don't have any formal financial agreements. However, if he started off some process to resolve this, I understand there's a form (D81) and he says I would be required to apply for benefits in order to show the potential (or actual new) income, available to me, on the form.

Having read around this online, I'm confused if it has to be a court that would order me to claim benefits, or if I am indeed required to apply for them (or receive them?) in the first instance, before requesting that his finances are reviewed to see if he can maintain the payments without me needing to claim benefits. Sorry, bit of a mouthful.

Anyone have any thoughts on which comes first?

I understand your confusion now.

You write your circumstances as they currently are on the form. However, you need to think about what you are going to do to make up the shortfall when your ex husband stops paying for you. That is going to have to be either additional work or benefits + additional work.

Being a single parent isn't easy, it's about compromise and sacrifice, you need to work more hours and your DD needs to go to childcare after school like other children whose parents work. When you claim UC this childcare will be massively discounted. Or you get a WFH role that is happy for you to nip out and collect your daughter - these do exist and it's very normal for everyone in my team to have 'school run' blocked out on their calendar.

Other people who claim UC and don't work will have significant caring responsibilities, or mental or physical health conditions that you are not privvy to.

He is your ex husband

What is stopping you from working FT ?

Are you working 12 hours per week ? Or per month ?

Lots of us work 12 hours per day !

How are you going to pay your bills, food, transport etc ?

Apply for benefits and look for a job with more hours. At that age uc would expect you to be working far more than 12 hours so will be asking you to demonstrate you are looking for more work.

www.gov.uk/government/publications/universal-credit-and-your-family-quick-guide/universal-credit-further-information-for-families

This explains that with a six year old you are expected to work 30 hours a week or spend that time looking for work. Uc will help with childcare costs potentially

You are confused
D81 is a statement of truth to cover the submission of an agreed consent order

Its Form E you complete when finances are contested 😳
and look up sec 66 Universal Credit Regulations 2012 🤣 I'll let you weep over that

What is likely to happen is that your ex will start paying just the CMS amount. He may well have already received legal advice telling him to do so.

If you want him to pay more, you will have to take him to court and ask the court to make him pay spousal maintenance. If you get a lawyer for this, you will have to pay your lawyer’s fees (your ex won’t be ordered to pay them).

Since spousal maintenance isn’t a thing these days (even if the husband is a multi millionaire, the court just orders a bigger share of the current assets to the wife - see Jerry Hall & Rupert Murdoch for the highest value recent divorce I can think of), the court turns down your application (and the court staff probably roll their eyes at you in the staff room).

You are then left with just child support. The court couldn’t care less if you claim benefits, move to full time work or dramatically starve in the street (although they will probably intervene to transfer full time residence for the child(ren) to your ex husband if your living conditions are not safe for them). Therefore they won’t order you to claim benefits.

Somewhere in there, your ex will probably apply to sell the house so he can get his equity. This will be granted as orders allowing the house to be occupied by the wife and children until the youngest turns 18 aren’t really a thing these days (as unlike in the old days, it’s assumed the wife has a job/career to go back to).