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Universal Credit - divorce

  • markotsg
  • markotsg's Avatar Posted by
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19 Apr 22 #519207 by markotsg
Topic started by markotsg

We are preparing to apply for No Fault devorce

I noticed my wife would be eligible for Universal Credit if no savings over £5k and if Clean Break (no spouse maint
do we list her total income when applying for Consent Order as Salary+Child Maintance amount+ Universal credit amount?
From this amount , wife and children expenses are deducted to determinse if spouse maint payable or not

Does remaining have to be 0 or more to determine if spouse maint payable?

Salary 1035
Child Maint 804
Universal credit 750-

total £2589 - less monthly needs £2200 = £389 (no spouse maint required)

  • rubytuesday
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  • Moderator
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20 Apr 22 #519212 by rubytuesday
Reply from rubytuesday
You would only include UC in the D81 if she has in fact been awarded UC - you can't include it if she isn't in receipt of it. State benefits have their own section in the D81 (9B ) so any relevant benefits claimed and in receipt of should be put there, not in the earned income section.

Any sm received would be deducted, pound for pound, from the UC amount awarded.

I can see from your previous posts you earn approx £4300 pm and your wife just £1000 - she may well have a good case for some sort of SM, either as periodical payments, or a capital lump sum in lieu of periodical payments to enable her to rehouse herself and the children adequately. The criteria for Sm is basically the genuine need of the recipient for financial support from the other spouse, and the payer's financial ability to pay.

Your previous post shows a proposal that is very much in your favour, and leaves your spouse unable to provide adequate housing for herself and the children - she needs a 3 bed house, not a 2 bed house.

  • markotsg
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20 Apr 22 #519214 by markotsg
Reply from markotsg
Thank you
as we have BTL property as well as Family home, she cannot get Universal credit till house changed to my name
She cannot get Child benefit till she is divorced
does that mean when we calculate if spouse maintaince is payable or not, we dont include child benefit or universal credit?

If thats the case then you cant include child maintainace as thats a future payment (after divorce as well)

salary £1,035.00
Universal credit £140.00
Child Maintainace £800.00
total £1,975.00

Wife needs £1,781.00
in example above she would not be needing SM?

  • markotsg
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20 Apr 22 #519215 by markotsg
Reply from markotsg
Would Universal Credit (she is eligible once no assets and savings and divorced)
be entered in Capital and income after the implementation of proposed order in the E form?
Spouse maintaince is determined by looking at that proposed form?

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