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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Child's DLA

  • Angel557
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14 Dec 07 #9033 by Angel557
Topic started by Angel557
My son for the last 2 yrs has been awarded middle care and lower mobility for his disabilites , my sol said i did not have to include his DLA in my form E so i never , sol's side kick yesterday says i do as it's my income it is not my income it is not means tested against any other benefit and is in my child's name given that the goverment has said it cost 3 times the amount to bring up a disabled child compared to a child that don't have special needs, what should i do not put it down,
I feel now my ex is going to try and mug his own child that money he is awarded does go on my son and at times it does'nt even cover all his needs depending on how many times i need to take him to the hospital and which hospital it is.This sounds so fair given he has only now last month made a couple of child support payments in 18 months, and him himself won't help me with anything or even come with me to any hospital or school appointments.I thought this was between 2 adults not having to bring a 9 yr old into it, if i do have to include it in my form E i think thats gonna look pretty daft justifying spending that small sum on a child and his needs and without even taking the child's feelings into account.

  • yferch
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15 Dec 07 #9076 by yferch
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DLA is made up of components awarded for personal, care and mobility allowances. The personal allowance component is strictly for your son and is NOT income for you and therefore I dont think it can be counted. ( I work in a care home and know we cannot count the residents personal allowance component towards their fees, it is their's alone) I am not 100 per cent but I would have thought that none of the DLA is your income, it was awarded for your son's disability and your solicitor is probably right.

However I think your ex wants to offset the DLA and count it as income against any maintenance he might be awardedto pay you. If they insist on counting it in then I would suggest listing it as it was awarded, x for personal, x for mobility, x for care etc and if you dont have your award letter, phone the DLA and they will tell you how it was awarded.

  • sicofit
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15 Dec 07 #9087 by sicofit
Reply from sicofit
when it comes to form E's unfortunately EVERY bit of cash you have coming in has to be accounted for. Its classed as a benefit therefore you have to group it under household income... sorry

  • Fiona
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15 Dec 07 #9093 by Fiona
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I think the side kick is correct (in my experience they often are because they have more time to look at the finer details.) Sometimes assets are relevant and should be disclosed, although that doesn't necessarily mean they will be included in the calculations. In this case though presumably the extra costs incurred meeting your son's needs are included in your expenditure so perhaps it's not unreasonable that the DLA is included as income.

Being straight makes it clear who the unreasonable party is.

  • attilladahun
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15 Dec 07 #9098 by attilladahun
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Sicofit is absolutely right but I think you will find it is a non issue ultimately.

If maintenance is being claimed for children the CSA calculation is not affected by the benefit

If it is for you all income reced whether for C or you IS relevant -as you say all the money is to be used in paying outgoings etc

Sometimes people think cccm should be saved for the C...rubbish it is there to meet all expenses of the C and some will of course be general household expenses.

In a divorce situation it is all hands to the pump to help feed clothe the family.

It can I agree be very frustrating when issues like this arise...it must surely feel like youe Ex is taking £ away from the C...but in practice it is not really so.

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15 Dec 07 #9099 by attilladahun
Reply from attilladahun
Sicofit is absolutely right but I think you will find it is a non issue ultimately.

If maintenance is being claimed for children the CSA calculation is not affected by the benefit

If it is for you all income reced whether for C or you IS relevant -as you say all the money is to be used in paying outgoings etc

Sometimes people think cccm should be saved for the C...rubbish it is there to meet all expenses of the C and some will of course be general household expenses.

In a divorce situation it is all hands to the pump to help feed clothe the family.

It can I agree be very frustrating when issues like this arise...it must surely feel like youe Ex is taking £ away from the C...but in practice it is not really so.

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