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child maintenance/trust fund

  • starry_eyes
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03 Feb 08 #12677 by starry_eyes
Topic started by starry_eyes
hi, im new to this forum, wonder if anyone can be kind enough to help me with a problem. My divorce is in its final stages after a year and a half (phew). I am currently on benefits, and will be hopefully be in work in a few months time. We could not agree on how some assets can be divided so finally agreed that they would go in a trust fund for the kids, would i also be able to get him to pay maintenance into the kids trust account, or would that be classed as maintenance and so i would have to declare it to the benefits office, ps so far he has not paid any maintenance as he has not been in a position to do so but now might have a promise of some work. Sorry i hope this makes some sense!

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03 Feb 08 #12695 by attilladahun
Reply from attilladahun
If there is a properly constructed trust...then the assets from the trust should be exempt from benefit calculation......if the assets are kept in situ and kept for the children the same will apply

BUT the rules for benefit are complex and you don't want the risk of claiming benefits to which you are not entitled

If Ben Office are told your full inc/capital and what CSA H pays to protect yourself reveal the existence of the trust

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03 Feb 08 #12731 by starry_eyes
Reply from starry_eyes
thank you so much for your reply, the solicitor still has to draw the trust deed, its a bit complicated because it involves property, ex wanted to put in there that he wants the rent of the property to be paid as maintenance, but after reading your post, would it better if we worded the rent to be paid into the trust fund and not as maintenance? I will definately declare this to to the Benefits Office, oh ex would like nothing better then to try and get me into some kind of trouble! Who would know whether this trust fund would effect my benefits? Thanks again

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03 Feb 08 #12733 by attilladahun
Reply from attilladahun
Many large CAB's have a welfare benefits dept speak to them

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