Friend has just been left with two young children - what does she need to do to protect herself financially?

[lazarusb]

I know many of you (unfortunately) have experience of this and have great advice. My friend's h has left her, says there isn't an affair but has no other reason either. They have a mortgage which he says he will continue to pay. She doesn't work. I have advised her to get bank accounts organised, check he hasn't racked up credit cards etc. But does anyone know what benefits she may be entitled to? (It's a long time since I was a single parent). Any advice is very greatly appreciated and will be passed on!

Get her to the CAB and a solicitor pronto.

I it's a joint mortgage he will need to continue to pay whether he is living there or not.

Big tip would also be to take copies of all important documents now in case he decides to run off with them.

Might also be worth having a practical conversation by email so it's recorded and tell her not to agree to anything less than the existing financial support without getting legal advice.

I would also suggest some hefty snooping is in order as there may well be an affair.

Thank you. I think it's likely to be an affair. He hasn't been at home for the last couple of nights but isn't staying with family. That's a great idea about the e-mail!
She is in a state at the moment so I am hoping to help at a practical/legal level - she has lots of emotional support but they are all telling to 'wait and see'. I don't think that's the way to go personally.

Legal advice pdq - her H will be 1, 2, 3, 4 steps ahead of her and has probably got legal advice already. It will also make her feel more in control.

There will be an OW involved especially if family don't know where he is staying either.

My thoughts exactly. I am a come out fighting kind of girl! Her family seem to be suggesting that she's lucky he is continuing to pay the mortgage. I think that's the least he can do

He is only legally obligated to pay half the mortgage if it is in joint names.

She needs to tell the Council she is there on her own. She needs to phone and make an appointment to claim benefits, she should also claim tax credits.

When she signs on for benefits she can apply for council tax benefit.

It may be they deem her ready to work and she will hve to sign on whilst actively looking for work.

She does need a solicitor, she might in the long run have to move. Rented accomodation would be better if she cannot buy her partner out.

She also needs to sort maintenace.

Even if there is an affair it does not affect her financial standing, she is entitled to half his pension and half any savings, she is not necessarily entitled to stay in the home she in effect only has half of it, he has the other half.

Its not as clear cut as people would imagine.

She is not entitled to support from him for herself.

If the mortgage is in joint names, they are jointly and severally liable for the whole amount, not half each. ie. they are liable jointly, but they are also both liable as individuals, for the whole amount.

She should contact the Council tax office as she can get a reduction for living in her house as the only adult - think it's 25% - from the date he left.

She should be able to get tax credits of some sort. And benefits, but I don't know much about that.

If there is an affair, it makes no difference to any settlement. If it goes to court, it's my understanding that they start with a 50/50 split of everything, and then work from there. The primary care of the children is important to this division, as is any decision that she and her h made about her not working to bring up the kids. But it will also be taken into account that he too needs somewhere to live.

Check also whose name is on bills etc. A friend of mine has had no end of trouble after her H left her, and then cut off their phone, electricity, gas, internet etc.etc. All were in his name.

Joint bank accounts - I would get her name off them, so he can't go and spend any money/take the accounts into overdraft - as with the house, if it's in joint names, they will be jointly and severally liable for any overdraft.

Get some advice about maintenance. She will be entitled to child maintenance, and she may get agreement on spouse maintenance too, ie. to support her.

If she's strapped for cash, get her to look for a solicitor who will act using legal aid.

I'm sure there's more, but tell her she needs to get advice, and it doesn't have to be expensive.

Hope she's ok.

Your poor friend - a shitty situation to be in
Agree with the advice about him being a few steps ahead - it is more than likely that he and the OW have already sorted out the finances from their POV.
A half hour consultation with af amily law solicitor can be done free and is a great way of reassuring her that he can't just sail off into the sunset and leave her in poverty.
Tax credits can be sorted really quickly and she needs to make sure that child benefit is paid directly to her. Am not sure of the logistics on unemployment benefits but she should read up about spousal maintenance, in case she has grounds for claiming this

www.family-lawfirm.co.uk/Finances/Spousal-Maintenance.aspx

Your poor friend lazarus.

She needs some good legal and financial advice pdq. She will be entitled to tax credits and if not working, benefits.

As sapphire says, he and OW (if there is one) will have already planned this out so she needs to be on the ball.

Thank you all. I don't think she can get Tax Credits because she doesn't work. Their youngest has just turned 1 so she isn't in a position to look for work really either.
I know an affair wouldn't make a difference to finances but right now he is refusing to talk/explain why he has left and I've read enough MN relationship posts to know where that's going. She deserves some answers.

She can get child tax credits and possibly income support (although the rules on this are changing soon) because she isnt working. Its working tc that you get when you have a job.

Get her onto www.entitledto.com as that will give her a reasonably accurate idea of what she will get. although it isnt always bang on, so I usually take off about 10% of what it says, just in case.

And the baby being 1 doesnt mean she cant get a job as tax credits will pay 70% of her childcare costs if they are needed too.

Thanks again - knew MN would come up trumps! Does Lone Parent Allowance still apply to Child Benefit? (As I said - long time since I did this!).

Not any more, I was a LP when it was ditched so I remember it well!

She will be entitled to income support and the child/lone parent element of that is now made up by child tax credits (though you no longer get any recognition of the extra level of difficulty and poverty from being a single parent I'm afraid). You get child tax credits even if not working. She will have to go in for 6-monthly appointments until her youngest is 5, then will be expected to look for paid work outside the home. She should be getting maintenance from her ex on top of his half of the mortgage.

Thanks Wibbly. That's very helpful. I'm glad she isn't going to be forced into work before her youngest starts school. Single parents get such a shitty deal .

She can get child tax credits, just not the childcare bit or the working tax credits (or whatever they are)