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Paying rent for the ex and children
#1
Hi all, new to this site and hoping someone can offer some advice 

I've been divorced now for 8 years, but I pay my ex's rent circa £1000.00 per month as we have 2 children, 15 and 18

15yr old is still in full time education and my son is on an apprenticeship and now earns £600.00 per month, and my ex is a teaching assistant earning under 10k

I have taken the decision to stop paying for my 18yr old at £500.00 per month, but would welcome some advice as if my ex can't keep up with the rent payment, she and the children would lose their rental property

I have my own new family now but am concerned what would happen to my children if the rental payments fell behind and they lose this house

many thanks in advance
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#2
(02-05-2017, 07:47 PM)ryan1971 Wrote: Hi all, new to this site and hoping someone can offer some advice 

I've been divorced now for 8 years, but I pay my ex's rent circa £1000.00 per month as we have 2 children, 15 and 18

15yr old is still in full time education and my son is on an apprenticeship and now earns £600.00 per month, and my ex is a teaching assistant earning under 10k

I have taken the decision to stop paying for my 18yr old at £500.00 per month, but would welcome some advice as if my ex can't keep up with the rent payment, she and the children would lose their rental property

I have my own new family now but am concerned what would happen to my children if the rental payments fell behind and they lose this house

many thanks in advance

There is no requirement in law for you to pay rent for your ex, unless the contract is in your name. Where is it and your not living in the house, you can short your child support payment, as your providing a home for the child.

You also only have to pay Child Support if Child Benefit is in payment, unless a Court order or any other formal agreement exists to say otherwise.
You need to check this link to find out if Child Benefit could still be in payment, http://www.gov.uk/child-benefit-16-19

How things work, is your ex can claim anything she can, for herself and the children. Check out http://www.entitledto.co.uk
Part of this is Housing Benefit. If the law of the country says she needs help with her rent, she will get it. If Child Benefit is not in payment, then they are not considered as none dependents, and therefore a reduction of Housing Benefit would be made, considering how much they earn.

Your only liability is to pay Child Support for any Child where Child Benefit is still in payment. If there is children in your new family who either you or your current partner get child benefit for, it will reduce you child support payments. http://www.gov.uk/calculate-your-child-maintenance

In the case of the 15 year old, should your ex lose the house, you should apply to court for a Child Arrangements Order, for the 15 year old to live with you, as your ex has the child homeless.

Only Child Support your paying where child benefit is in payment is not considered for any benefits your ex might get.
Any money changing hands for any other reason is reportable to HMRC for Tax Credits and the Local Authority for a Housing Benefit claim, as it is income.
If Child Benefit is not in payment, any support you want to give the young person, should be direct with them, to their bank account.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
(02-05-2017, 09:04 PM)MarkR Wrote:
(02-05-2017, 07:47 PM)ryan1971 Wrote: Hi all, new to this site and hoping someone can offer some advice 

I've been divorced now for 8 years, but I pay my ex's rent circa £1000.00 per month as we have 2 children, 15 and 18

15yr old is still in full time education and my son is on an apprenticeship and now earns £600.00 per month, and my ex is a teaching assistant earning under 10k

I have taken the decision to stop paying for my 18yr old at £500.00 per month, but would welcome some advice as if my ex can't keep up with the rent payment, she and the children would lose their rental property

I have my own new family now but am concerned what would happen to my children if the rental payments fell behind and they lose this house

many thanks in advance

There is no requirement in law for you to pay rent for your ex, unless the contract is in your name. Where is it and your not living in the house, you can short your child support payment, as your providing a home for the child.

You also only have to pay Child Support if Child Benefit is in payment, unless a Court order or any other formal agreement exists to say otherwise.
You need to check this link to find out if Child Benefit could still be in payment, http://www.gov.uk/child-benefit-16-19

How things work, is your ex can claim anything she can, for herself and the children. Check out http://www.entitledto.co.uk
Part of this is Housing Benefit. If the law of the country says she needs help with her rent, she will get it. If Child Benefit is not in payment, then they are not considered as none dependents, and therefore a reduction of Housing Benefit would be made, considering how much they earn.

Your only liability is to pay Child Support for any Child where Child Benefit is still in payment. If there is children in your new family who either you or your current partner get child benefit for, it will reduce you child support payments. http://www.gov.uk/calculate-your-child-maintenance

In the case of the 15 year old, should your ex lose the house, you should apply to court for a Child Arrangements Order, for the 15 year old to live with you, as your ex has the child homeless.

Only Child Support your paying where child benefit is in payment is not considered for any benefits your ex might get.
Any money changing hands for any other reason is reportable to HMRC for Tax Credits and the Local Authority for a Housing Benefit claim, as it is income.
If Child Benefit is not in payment, any support you want to give the young person, should be direct with them, to their bank account.

Thanks Mark R

i suppose what I'm trying to get to the bottom of is what if because of all this my children disown me of sorts as they have lived with their mother for 8 years and I only see either of them in a blue moon....should I bite the bullet in case as I don't want to risk losing them..
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#4
If your elder child is on an apprenticeship and the ex is no longer claiming child benefit for them you are within your rights to cease this payment. So first you should ensure child benefit has stopped for the eldest.

https://www.gov.uk/child-benefit-16-19

You say you are paying the rent but do you actually mean that you are overpaying child maintenance so that the rent is covered?

On an income of £10k your ex should be entitled to some if not all rent paid via housing benefit.

Use this calculator to ensure you are paying the right amount of maintenance but if you are happy to pay £500 for the 15 year old then do so.

https://www.gov.uk/calculate-your-child-maintenance/

Ex's really need to prepare themselves for when these payments stop. It's a big drop eapecially if they lose benefits and maintenance at the same time which is the downside for them from receiving these payments.


The problemwith teenagers is that you can't force them to see you, you have to have hope that one day they may face similar experiences, breaking up with a partner etc and maybe then they can see things in a different light and become more understanding of both their parents situation and get in touch with you.

Who knows, your son may be in your position one day.
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#5
Thanks Hazy,

Yes i suppose it is overpaying maintenance, but I cant see my kids homeless so to speak and i'll get the ex to check ref the housing benefit

And also my ex does nearly everything for the kids, and pays somehow for all dancing etc etc which my youngest wants to study and use as a career, so i'll probably be seen as the bad sheep as personally I haven't contributed to anything for that
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#6
Your ex is probably already getting tax credits and child tax credits then there's your £1k on top. She should be fine.

Although if not getting child benefit for eldest anymore she will only be claiming for one child.

Have a look here -

https://www.tax.service.gov.uk/tax-credi.../#/partner

Maintenance payments are not counted as income for tax credits.

For all you know she may already be getting Housing Benefit.

Ps you don't have to contribute beyond maintenance payments so don't feel bad about that when you're already overpaying.
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#7
(02-06-2017, 11:30 PM)Hazy Wrote: Your ex is probably already getting tax credits and child tax credits then there's your £1k on top. She should be fine.

Although if not getting child benefit for eldest anymore she will only be claiming for one child.

Have a look here -

https://www.tax.service.gov.uk/tax-credi.../#/partner

Maintenance payments are not counted as income for tax credits.

For all you know she may already be getting Housing Benefit.

Ps you don't have to contribute beyond maintenance payments so don't feel bad about that when you're already overpaying.
"Maintenance payments are not counted as income for tax credits. "

This is not correct. Only Child Support and Child Benefit are not considered as income, for benefits.
Spouse Maintenance is considered, and comes under "Other Income" when doing the application, or Renew Packs every year.

The best link for the members ex to check is http://www.entiltedto.co.uk as it checks for every benefit.
What the member needs to consider, is she will be getting or be able to get, what the law of the country says she needs to live off. Any extra he will have know way of knowing if the children get the benefit of it or not.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
thanks again all, so basically what it boils down to then is my son who is now earning will have to contribute and pay the £500 I was paying for him as rent instead of me
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