overpayments, new claim and marriage breakdown

[taylorfamily]

me and my partner have decided to end our marriage and go our separate ways. we have tax credits and housing benefits claims that both have overpayment recovery on them. I am the one that will be leaving the house we currently rent leaving my husband and 2 kids in the house. I have been told that i will have to cancel the tax credits and housing benefit and my husband will have to make a new claim for universal credits (both our names are on both claims). I will just be living off my wages and will not be able to afford to give my husband any money (I will be paying the bills while universal credit is being processed and all the things we have on finance anyway). He is fine with this but I am wondering what will happen about the overpayments. I will not receive anything in terms of benefits and I will not be able to afford to make any payments. any help would be much appreciated

[sgtbush]

Not an expert on the legal side of uc,jsa and joint overpayments but I can see your ex husband taking you to court for child maintenance as the children are living with him and he will be paying for all the children's living expenses.

[taylorfamily]

with the universal credits (he will get full amount) plus his part time wages, financially he will better off than me. I will still be paying some of the bills and will try to for extra stuff for the kids. i am only going to left with 100 - 150 month and that will be needed for food

[sgtbush]

Some of the bills?

Do you mean joint debt or ongoing bills like your going to pay the gas bill every month?

You need to get solid advice on this as I can see an attachment of earnings looming on the horizon and also I have heard that the DWP will be asking questions to him on his claim about child maintenance payments.

Left with around 150 a month?

I know of dads that were left with £30 a month after the DWP and child maintenance people ripped into them

[taylorfamily]

i will be paying off the joint debts

[sgtbush]

The csa wont and don't care on joint debts. The creditor can come after one or the other. All they care about is the kids. Paying bills does not feed them, cloth them or teach them.

[taylorfamily]

He is not going to csa and i will be paying what I can. I am asking what will happen with the overpayment recovery. Will it be taken off his universal credit when he applies or will I need to set up a payment plan

[sgtbush]

He might have to go through the csa if he is claiming uc ect.

If I were you go to the .gov website and use a calculator to see how much you should, or maybe forced to pay.

I think its 16% of earnings for two children. But nowhere in the calculations do the csa take into account debts. They don't have to as child maintenance becomes a priority debt.

 

As far as your ex and uc, I would think they would take a regular payment each time its paid.

 

They may insist (dwp) that a official csa arrangement is on place so proper income cam be determined for your ex husband so the proper amount of benefits can be paid and an affordable repayment schedule can be agreed.

 

Please bear in mind that if you fall in arrears on child maintenance they can deduct 40% at source or if your self employed go into your bank accounts.