A divorce question....


S

Steve Frazer

I've been recommended to post this here as there are some benefit related
questions. Any help is appreciated.

Briefly:-
Couple I know, they share custody 50/50 and claim child benefit for one
child each. I believe that he can't be screwed for child maintenance (he
actually has the children for over 50% of the time). He has his own housing
costs and doesn't earn enough to pay his rent and her mortgage, and wouldn't
want to if he could! Can she claim anything from him?

FYI She only works part-time but I think over 16 hours and earns a pittance
and is, I think, claiming
working tax credits and some form of mortgage interest relief.
Mortgage is about £80K (£480 per month), his rent a bit more than this. He
is paying for a part of the mortgage which was used to buy something for him
that she has nothing to do with which leaves her £360 to pay (which hasn't
been paid at all!).

Any other information required to give answer before I give him the good/bad
news? Anyone think of a solution so that the house isn't repossessed?

Can you claim interest relief on WTC? Would the benefit people expect her to
have an income from him and reduce her payments accordingly even if he can't
afford to pay anything?

Thanks.
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
 
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M

Martin Davies

--
http://www.cashisallyouneed.co.uk/
Steve Frazer said:
I've been recommended to post this here as there are some benefit related
questions. Any help is appreciated.

Briefly:-
Couple I know, they share custody 50/50 and claim child benefit for one
child each. I believe that he can't be screwed for child maintenance (he
actually has the children for over 50% of the time). He has his own
housing
costs and doesn't earn enough to pay his rent and her mortgage, and
wouldn't
want to if he could! Can she claim anything from him?

FYI She only works part-time but I think over 16 hours and earns a
pittance
and is, I think, claiming
working tax credits and some form of mortgage interest relief.
Mortgage is about £80K (£480 per month), his rent a bit more than this.
He
is paying for a part of the mortgage which was used to buy something for
him
that she has nothing to do with which leaves her £360 to pay (which hasn't
been paid at all!).

Any other information required to give answer before I give him the
good/bad
news? Anyone think of a solution so that the house isn't repossessed?

Can you claim interest relief on WTC? Would the benefit people expect her
to
have an income from him and reduce her payments accordingly even if he
can't
afford to pay anything?

Thanks.
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
Not sure of the rest, but don't bet he can't be screwed for child
maintenance. If she was to put in a claim for child support, the CSA would
try and do an assessment and would be up to him to prove he had the other
child over 50% of the time.
Though he could always claim child support off her for the child living with
him. Housing costs for either of them wouldn't matter in respect of child
support.

Martin <><
 
S

Steve Frazer

Martin said:
Not sure of the rest, but don't bet he can't be screwed for child
maintenance. If she was to put in a claim for child support, the CSA
would try and do an assessment and would be up to him to prove he had
the other child over 50% of the time.
Though he could always claim child support off her for the child
living with him. Housing costs for either of them wouldn't matter in
respect of child support.
Thanks for that, he may even manage a smile as they have a court agreement
stating that the time is 5 nights with him and 4 with her. Very easy to
prove.
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
 
R

Robbie

Steve said:
Thanks for that, he may even manage a smile as they have a court agreement
stating that the time is 5 nights with him and 4 with her. Very easy to
prove.
His best bet would be to try and claim the child benefit for the child
he doesn't get Child Benefit for. He can then try and claim tax credits
for that child. The effect of this though would be to make his wife a
single person (assuming she has no other children) in the eyes of the
benefits and tax credit systems. She would probably have to sign on the
dole (as her tax credits would stop and doubtless would be insufficient
to live on). That would then invoke the "liability to maintain a spouse"
bit of Income Support I referred to at uk.legal, meaning he could be
asked to pay spousal support until the divorce comes through.

Robbie
 
S

Steve Frazer

Robbie said:
His best bet would be to try and claim the child benefit for the child
he doesn't get Child Benefit for. He can then try and claim tax
credits for that child. The effect of this though would be to make
his wife a single person (assuming she has no other children) in the
eyes of the benefits and tax credit systems. She would probably have
to sign on the dole (as her tax credits would stop and doubtless
would be insufficient to live on). That would then invoke the
"liability to maintain a spouse" bit of Income Support I referred to
at uk.legal, meaning he could be asked to pay spousal support until
the divorce comes through.
An agreement has been made to claim for one each so that she can have enough
to live on without him having to fork out. Can't see him wanting to do that
really as they are trying to be as amicable as possible for the kids.
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
 
R

Robbie

Steve said:
An agreement has been made to claim for one each so that she can have enough
to live on without him having to fork out. Can't see him wanting to do that
really as they are trying to be as amicable as possible for the kids.
That's fine, but then that means the tax payer at large is funding their
domestic arrangements and the living costs especially of the wife!

If it's a cosy arrangement, why is there some concern about his
financial position re: child / spousal maintenance? Or was it just
curiousity about how it may be affected? If she played silly buggers he
could conceivably push her off benefit and credits and into the world of
full-time work. I doubt it is in her interests.

Robbie
 
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S

Steve Frazer

Robbie said:
That's fine, but then that means the tax payer at large is funding
their domestic arrangements and the living costs especially of the
wife!
He doesn't need any financial assistance off the state at all, AFAIAA.
If it's a cosy arrangement, why is there some concern about his
financial position re: child / spousal maintenance? Or was it just
curiousity about how it may be affected? If she played silly buggers
he could conceivably push her off benefit and credits and into the
world of full-time work. I doubt it is in her interests.
It's not especially cosy and he's worried she's going to try and screw him
for money that he can't afford. Her friends are telling her she can so he's
asked me if they're giving her good advice. Thanks for the answers, much
appreciated.

--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
 
D

Dave xxxx

Steve said:
I've been recommended to post this here as there are some benefit
related questions. Any help is appreciated.
I thought under the "New" simplified CSA rules its 15% for first child
then 5% for the others up to max of 25% of the Income that the CSA say
you have lol

15 per cent if there is one qualifying child;

.. 20 per cent for two qualifying children; and

.. 25 per cent for three or more qualifying children

they say income is
This is a percentage of the non-resident parent's net weekly income,
which is weekly income (usually earnings) after tax, National
Insurance and contributions to a pension have been taken off. Tax
credits and occupational pensions can also count towards weekly
income. The percentage of the net weekly income is set out in
legislation. This might not agree with your sums

If a child stays overnight with the non-resident parent on a regular
basis, child maintenance for that child will be reduced. This is done
on the basis of 1/ 7 for each night of weekly shared care as follows:

just because they have an agreement or arrangement does not mean more
money can be claimed

the problem is CSA have no idea what they are doing, in fact when you
get to web site first page gives you a choice of two ways to enter
depending on date of first claim, you could have two children and the
same pay to the penny as someone else BUT if your claim date is
different you could be paying different

If you have an initial assessment for child maintenance made before
3rd March 2003 then you could be paying more or less than someone who
starts a claim after March 03



People will pay different amounts till as they say



"will transfer later when the Government is satisfied that the new
scheme is working well for new cases"
 
M

Martin Davies

--
http://www.cashisallyouneed.co.uk/
Dave xxxx said:
I thought under the "New" simplified CSA rules its 15% for first child
then 5% for the others up to max of 25% of the Income that the CSA say you
have lol

15 per cent if there is one qualifying child;

. 20 per cent for two qualifying children; and

. 25 per cent for three or more qualifying children
Those are usual maximums. Child living with the non resident parent
(regardless of whose child it is) reduces the assessment, as does shared
care (though with the court order mentioned its pretty compelling evidence).
Plus there are what are known as variations, which can be applied for by
either parent to vary the assessment based on certain criteria.

they say income is
This is a percentage of the non-resident parent's net weekly income, which
is weekly income (usually earnings) after tax, National Insurance and
contributions to a pension have been taken off. Tax credits and
occupational pensions can also count towards weekly income. The percentage
of the net weekly income is set out in legislation. This might not agree
with your sums

If a child stays overnight with the non-resident parent on a regular
basis, child maintenance for that child will be reduced. This is done on
the basis of 1/ 7 for each night of weekly shared care as follows:

just because they have an agreement or arrangement does not mean more
money can be claimed

the problem is CSA have no idea what they are doing, in fact when you get
to web site first page gives you a choice of two ways to enter depending
on date of first claim, you could have two children and the same pay to
the penny as someone else BUT if your claim date is different you could be
paying different
Rather like when some people were on family credit and some were on working
families tax credit.
Or some on DLA for care and some on attendance allowance for under 65s.

Two systems running side by side and date of claim deciding which system you
are on is nothing new.
Come to think of it, for those of us on incapacity benefit there are some
minor rules apply to different people based on different dates of claim.
Perhaps some other benefits have similar minor variations in conditions.


If you have an initial assessment for child maintenance made before 3rd
March 2003 then you could be paying more or less than someone who starts a
claim after March 03
Yes, though some different information is used for old or new cases. The old
making a bigger difference on changes in circumstances, new ignoring many
circumstances but more brutal when things change for the worse.

People will pay different amounts till as they say



"will transfer later when the Government is satisfied that the new scheme
is working well for new cases"
Which is one of their better decisions, considering the problems caused in
the past by transferring everyone on day one and the sheer complexity of
child support.
DLA had a fraction of CSA caseload, and far less complex - but transferring
mobility cases on day one caused massive delays for everyone.

Martin <><
 
S

Steve Frazer

Martin said:
Those are usual maximums. Child living with the non resident parent
(regardless of whose child it is) reduces the assessment, as does
shared care (though with the court order mentioned its pretty
compelling evidence). Plus there are what are known as variations,
which can be applied for by either parent to vary the assessment
based on certain criteria.
So then the question is would they calculate the amount the father and
mother would pay each other for the one child they have each, and he would
have to pay the difference (as he earns more)? Or do they just consider that
they have one child each and neither can claim off the other for the other
one?
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
 
M

Martin Davies

--
http://www.cashisallyouneed.co.uk/
Steve Frazer said:
So then the question is would they calculate the amount the father and
mother would pay each other for the one child they have each, and he would
have to pay the difference (as he earns more)? Or do they just consider
that
they have one child each and neither can claim off the other for the other
one?
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
No, if the claim was made by her they'd calculate what he had to pay.
If he also made a claim, they'd calculate what she had to pay - each would
have to pay assessed amount, no cancelling out part and paying difference.

Each could claim off the other - if either of them claimed income support or
income based jobseekers allowance, they'd have to complete the forms or give
an acceptable reason why not (having an agreement is not an acceptable
reason).
If each of them doesn't claim either of those benefits, its up to them if
they claim or not.

Martin <><
 
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S

Steve Frazer

Martin said:
No, if the claim was made by her they'd calculate what he had to pay.
If he also made a claim, they'd calculate what she had to pay - each
would have to pay assessed amount, no cancelling out part and paying
difference.

Each could claim off the other - if either of them claimed income
support or income based jobseekers allowance, they'd have to complete
the forms or give an acceptable reason why not (having an agreement
is not an acceptable reason).
If each of them doesn't claim either of those benefits, its up to
them if they claim or not.
Thanks. for that.
--


Steve Frazer

http://myweb.tiscali.co.uk/stevecoventry/
 

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