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Hi There,
Im looking for advice please. I will try to lay out as much detail as possible to make things as transparent as I can:
I have two children who live with my ex partner. Child 1 is now in employment and child 2 is 15. When the claim began some years ago, my ex partner suggested to the CSA that I had not been paying towards the children (which was untrue as I was paying in cash) and therefore started with a debt of about £6000.
I suffer from mental health issues which I have been hospitalised for on three occasions and have been unable to work for some years. I was in receipt of employment and support allowance as well as universal credit as they deemed me unable to work. The benefits paid a nominal fee (which I understand was not alot) for this time to the CSA.
My mum then passed away 2 years ago and had a home that was split, when sold, between myself and 2 other siblings. This inheritance was approximately £70,000 and was not taxable. My benefits have ceased because of this payment and am now having to support myself independently, living on this money until i am able to either claim benefits again or am well enough to return to work.
I have already spent money from this inheritance on some transport for myself, rent, council tax, clothing and trying to renovate the home I had as I had nothing. Sleeping on a second hand mattress on the floor, no curtains, sofa etc.
I have received a letter as my ex partner has become aware of this inheritance and wants a variation put in place.
Where do I stand? I'm unable to work and need to use this money to live on and support myself. Will they calculate the total amount of inheritance given or what I have left and how much would I need to pay? Could I be asked to pay off the debt even though this is the money that needs to support me financially?
Any help would be gratefully received as I'm feeling very anxious about not having money left to support myself for the foreseeable future.
Many thanks for reading and to anyone able to give me any advice.
Hi,
See below:
To ask the Secretary of State for Work and Pensions, whether the Child Maintenance Service includes inheritance received by non-resident parents in their maintenance calculations.
Answer
Answered on
22 January 2020
Inheritance does not meet the legal definition of historic or current taxable income used for child maintenance (CM) calculation, consequently it is not included in the calculation. However, where a non-resident parent is earning income from inherited asset(s), such income could be included in the CM calculation.
https://questions-statements.parliament.uk/written-questions/detail/2020-01-15/3792
There is lot of info about CMS and inheritance here:
https://www.dad.info/forum/child-maintenance/notional-income-inheritance/
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