Child Maintenance refusal

[Birdeegirl]

Recently I have tried to make a claim for child maintenance. I'm having to live in the marital home while our divorce and financial settlement goes through (the latter, I don't know how long that will be)
At the moment I'm having to live on savings I'm also spending my savings on not just me but my son who is 11 (and SEN) My husband stopped a monthly allowance for me back in March. He would give me a monthly allowance for myself/son and the home. He cleared out our joint bank account so I've been without any income now for just over 4 months. At the moment I can't really leave home and have been advised by solicitors it's better to stay here. So when I applied for child maintenance it took over 3 weeks for it to go through and Monday morning they rang me to tell me that my case would be closed as he pays utility bills for this house. Is there anyway of getting around this decision does anyone know (apart from moving out) It seems very unfair that he has a huge pension and savings and a large personal wealth and my son isn't allowed to access any of that without me having to beg. Which I won't.
Any help is appreciated. I have no money coming in right now

Is it true that he pays utility bills for the house and if so, are the utility bills more or less or the same as the amount of maintenance he would be required to pay?

Hi, yes he does pay the utility bills. That is true. I have no idea how much child maintenance would be so I cannot compare the two to answer your question.

It's easy enough to enough to work out - how much does he earn?

You need to claim for Universal Credit.
I assume you also get child benefit coming to you. Not exactly riches obviously but something at least. Also worth considering applying for other disability benefits for your son (depending on SEN needs)

@Birdeegirl ,

Did he agree for you to remain in the marital home and him to move out? Did you discuss finances ahead of this?

Normally almost the first thing to be agreed is an interim financial order, which is an agreement about who will pay what ahead of the final settlement. Do you have that?

I suspect you should sell the house as soon as possible to release equity.

Finally, maintenance can be backdated, so even if you live off it now, if it is assessed, then you can ask for it to be backdated.

Who’s paying the mortgage or rent on the marital home? You need to claim UC asap, see the CAB for advice on what you and your son are eligible for.

@Newbutoldfather hi, thank you for your message and questions..
I have filled my form E in he is still completing his and I imagine that a financial settlement will be agreed upon there after when the two have been looked over by our solicitors (maybe court?)
By law, I don't think he can kick me and our son out as it's classed as the marital home. I've asked him to leave of course he won't do this as he bought this house. There is no mortgage.
I have tried to discuss financial and divorce matters with him but he refuses to discuss anything and keeps saying the same thing "that's what the solicitors are for"
He is very controlling, financially abusive and narcissistic so I have to basically put up with a lot of radio silence from him because he cannot communicate like a rational human being.
It may well have to be sold with the rest of his other properties and land when it is all processed by the courts. This might be some time yet. In the meantime it's seems like a waiting game

I'm surprised CMS said that he doesn't need to pay due to utility bills.

What income does he have? CMS should base a calculation based on HMRC records. Can you contact them to verify? I'm assuming it's a joint child and he was PR.

Do you any legal advice? As someone mentioned there is usually an interim maintenance order.

Claim UC and benefits if you dint have access to money.

@ByCupidStunt
I wish it was easy! It's not easy for me to work out as he keeps all his finances private. I honestly don't know how much he earns or brings in per year as he's partly retired and partly a landlord.

@Livinghappy
I have tried to apply for UC but unfortunately I have savings over £16,000 so I don't qualify. I am waiting on interim maintenance but I have no idea how long these things take. Everyone's cases vary so there's no definite answer

Your post is a bit confusing? So you still live together and he currently pays all the bills? I cant see how you're entitled to any maintenance on that basis if ive understood correctly.
Like previous posters suggested, claim universal credit in the meantime

So you live together, no mortgage, he pays all bills, you have savings over 16k so can't entitled to benefits, and you want what exactly? He shouldn't be giving you a monthly allowance, no.

Is your DC in school, if so do you have a job? You need to look at your own earning potential