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Clare
Clare, Solicitor
Category: UK Tax
Satisfied Customers: 29061
Experience:  25 years exeperience as a high street solcitor
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Are there any experts out there who specialise in what benefits

Resolved Question:

Are there any experts out there who specialise in what benefits a woman who has just started divorce proceedings would be able to get when the husband refuses to give her any money to support her and her children. I'm enquiring for my daughter who receives Disablity Living Allowance, is not fit enough to work, has two boys, lives in her own home which has a mortgage. She has given me her financial details, which I can provide you with. She lives in the UK. Your help please.
Submitted: 1 year ago.
Category: UK Tax
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How old are the children and how much does her husband earn
Claire
Customer: replied 1 year ago.

The boys are 12 and 10. My daughter's husband is a self-employed windowcleaner who earns about 3000pounds a month but hasn't given her any money this last month, so I have been giving her money to live on. He says that he refuses to give her anything to help her!

Expert:  Clare replied 1 year ago.
HI
How far have the Divorce Proceedings reached?
Claire
Customer: replied 1 year ago.

Liz only went to the solicitor today, and the solicitor is preparing letter for Liz's husband to tell him she is divorcing him. However, when she saw her husband after he returned from work, he went crazy and told her and the boys to get out. She left because she has been verbally and occasionally physically abused in the past. My daughter is spending the night at a B & B tonight. I'm hoping that the law will be able to get my daughter back into her home, but she will then have the full cost of running the home.

Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year ago.

Morning Claire


 


Mortgage £85,000


House worth £170,000


 


Monthly payments £700


If Interest only £320


 


 


Liz did apply to building society to change payments to interest only, but she believes that her husband has torn the papers up. Anyway he said he would refuse to sign them.


 


 


NO DEBTS


NO CREDIT CARDS


 


At the moment she receives:


 


Family Allowance £65 per month


Disability Living Allowance £65 per month


Tax Credit £100 per week


 


 


 


 

Expert:  Clare replied 1 year ago.
Hi
When was the last incidence of Physical Abuse?
Claire
Customer: replied 1 year ago.

Not for a while, as far as I am aware.


It is mainly verbal abuse to her and her sons. Language that I would not expect to hear anywhere, let alone to children! Words like c..t, w....r!

Customer: replied 1 year ago.

I should have said also that he is 6foot 6 tall and towers over the boys and my daughter shouting at them. Very intimidating!

Expert:  Clare replied 1 year ago.
Hi
Your daughter is entitled to return to the matrimonial home with the children - and if her husband threatens her then she can obtain an order excluding him form the house for her protection.
The starting point is for her to apply to the CSA for an Assessment (he will have to pay 20% of his net income as child maintenance)
At the same time she can check what benefits she is entitled to on the website here
http://www.turn2us.org.uk/benefits_search.aspx
Finally within the divorce proceedings she can claim spouse maintenance - and in fact from what you say there is a good chance he will have to pay this - and he will almost certainly be ordered to sign the paperwork moving the mortgage to interest only.
I hope that this is of assistance - please ask if you need further details
Claire
Clare, Solicitor
Category: UK Tax
Satisfied Customers: 29061
Experience: 25 years exeperience as a high street solcitor
Clare and 3 other UK Tax Specialists are ready to help you

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Clare
Clare
Solicitor
137 Satisfied Customers
25 years exeperience as a high street solcitor