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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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We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


Tax Credit - declaring maintenance ? Urgent Help.

  • ariesgirl63
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05 Feb 08 #12944 by ariesgirl63
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But Annie's not claiming child tax credit, she's claiming working tax credits (presumably entitled because of her disability)!

  • er75
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05 Feb 08 #12964 by er75
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Hi,

No need to panic - Payments for child support or under a divorce settlement are not taken into account. You can safely receive maintenance payments in addition to Tax credits.
Also if at applies, payments made direct to the mortgage lender (instead of to the spouse and then to the mortgage company) can not be taken into account as maintenance as it is not paid directly to you.

ER
Benefit adviser for Department for Work and Pensions (DWP)

  • Ladybelle
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06 Feb 08 #12983 by Ladybelle
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Thanks so much for clarifying this but I am still afraid as it isnt child maintenance ? This is money that goes into a bank account that I am named on purely for the mortgage. The tax credits booklet here with me on page 42 says DO NOT INCLUDE maintenance from a former partner. It does not specfy child maintenance. It's only on the website that if you click maintenance that comes up with child maintenance.
I want to ring up but I am half afraid to :(

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06 Feb 08 #12984 by Ladybelle
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Oh I think I am ok and this would fit with ER's post to me about it being ok.

www.hmrc.gov.uk/leaflets/wtc2.pdf

this clearly says that

Are maintenance payments taken into account when calculating tax credit entitlement


No. We don't take maintenance payments, such as, child support or payments under a divorce settlement into account. You will be able to have full use of any maintenance that you receive in addition to your tax credits.

That separates child support from payments under a divorce settlement and this is dated October 2007 so I THINK I am ok.

Maybe I should go and try and sleep now.

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