Hi all,
I'm after a bit of advice. I'm going through an acrimonious divorce and my STBX has refused to engage in the divorce process at every stage (refused to return acknowledgement of service, failed to fill in Form E). We tried mediation but this failed as she wanted everything her own way.
Eventually, I managed to get a 50/50 child arrangements order and have been nesting ever since.
As my STBX completely refused to work, I had no option but to continue to support her financially for the sake of our 2 children. I currently pay the mortgage and all bills.
She currently receives universal credit. I feel her claim is dishonest as she is receiving financial support for housing even though the mortgage and all bills are paid in full by me. She has also told me I'm only allowed to stay there a few nights a week as otherwise her UC claim will be invalidated. I've told her very clearly that as I pay the mortgage and all bills and jointly own the house, I'm entitled to stay there as much as I like.
Am I right in considering her UC claim to be dishonest? Any tips on getting her to engage?
I think that any maintenance you pay doesn't count towards income when UC is calculated (could be wrong on this), however she is correct about you staying there too many nights if you were there as a partner. However, I know it's possible to get a divorce on the grounds of separation, even when you are living in the same house, so it might be worth getting some advice on this, as if the courts will accept you are separated in the same home, perhaps that's also the case for benefits.
Once you are separated, presumably you will only pay child maintenance to her, unless there is any order for spousal maintenance, in which case, if you can't live in the house, you should only pay her what you are ordered to pay, and she can take care of all of the bills etc. Unless your children are very young, the courts expect her to look for work.