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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33016
Experience:  25 years experience of all aspects of family law
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Hello I am separated from the mother of my 2 children. She

Customer Question

I am separated from the mother of my 2 children. She has virtually no contact with them and they live with me 100% of the time. She is currently on income support which I know caps any maintenance I claim to £5 per week.
My question:
We are about to sell our jointly owned house which will net us about £35k each. Firstly am I right in thinking this will make her ineligible for income support?
Secondly, will I be able to claim any of this sum or regular just payments? My concern is that the money can quickly disappear and I will get nothing for the children.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Stuart J replied 3 years ago.
Are you married?

How old are the children?
Customer: replied 3 years ago.

The children's mother and I were not married. I have since married my new partner. The children are 13 &11.

Expert:  Stuart J replied 3 years ago.

I am going to opt out for another expert. Please don't reply or it comes back to me.

It is now open to all.

Expert:  Clare replied 3 years ago.
Thank you for your question, I will do my best to assist you.
Yes receipt of that sum of money will remove your ex's eligibility for Income Support.
Unfortunately however there is no basis on which you can make a claim on this money - you will remain eligible for payment from income only.
I am sorry that the news is not better
If you need further clarification please let me know

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