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Topic: Child Maintenance - report it? count towards living costs?  (Read 2223 times)

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Child Maintenance - report it? count towards living costs?
« on: October 31, 2017, 01:14:43 AM »
My husband shares custody of his daughter with his ex and pays a variable amount  of child maintenance every month. Sometimes he has to pay, sometimes he doesn't and the exact amount frequently changes. It often depends on his hours at work and how many days per week he has her.

Should I include this payment as my sponsor supporting someone else? And how should I report it since it's almost never the same month to month.

In addition, should this amount be included in his living cost calculations for Adequate Maintenance? (He's in receipt of PIP, so we're exempt from the standard financial requirements)

Also a side question for the Maintenance section, because he's receiving PIP money, it says that we need to include a bank statement showing his payments going in and rent coming out and such. Do we still need to include the other 6-12 months of statements as well? I have a year's worth of his bank statements and payslips, but I don't know if they're required for the exempt applications. I want to be thorough, but I don't want to include more than I need and somehow jinx myself!

Oh! and can someone please clarify which types of benefits/maintenance count towards income and which don't? I seem to be getting lots of mixed messages when I try to look it up.

 
Type of Application: Settlement Spouse Visa (non priority)
Country applying from: USA (CA)
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Re: Child Maintenance - report it? count towards living costs?
« Reply #1 on: October 31, 2017, 02:40:15 AM »
Hello and welcome klgsdg6917.  :)

Here's the official guidance for those exempt from the financial requirement.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf


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Re: Child Maintenance - report it? count towards living costs?
« Reply #2 on: October 31, 2017, 09:00:51 AM »
You’ll need to use the figure of £132.66 for what needs to be remaining after rent and council tax due to his child.   :)


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Re: Child Maintenance - report it? count towards living costs?
« Reply #3 on: October 31, 2017, 09:12:29 AM »
You’ll need to use the figure of £132.66 for what needs to be remaining after rent and council tax due to his child.   :)

I don't believe that's correct.

1) As I understand it, you only need to include the child in the calculation if they will be living in the same household as the sponsor and applicant.

2) Also, the figure of £132.66 is a) out of date (it's the rate for 2015, not for 2017/2018) and b) it's for 2 children and no adults.

The current figures for 2017/2018 are:
- £114.85 per week for the couple
- £66.90 per week for each child living in the same household

So, if the child will be living with you, then you need to show at least £114.85 + £66.90 = £181.75 per week after rent and council tax

If the child does not live with you, then you only need to show £114.85 per week after rent and council tax.
« Last Edit: October 31, 2017, 09:13:42 AM by ksand24 »


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Re: Child Maintenance - report it? count towards living costs?
« Reply #4 on: October 31, 2017, 09:43:08 AM »
The amount of money you have to show is based on the amount that a UK household of the same size would receive in income support from the government each week.

- A couple with no children at all would receive £114.85 per week

- A couple where one of them has 1 child who is living with another parent (for whom they pay child maintenance) would receive £114.85 per week

- A couple where one of them has 2 children who are living with another parent (for whom they pay child maintenance) would still receive only £114.85 per week

- A couple with 1 child living with them would receive £114.85 + £66.90 = £181.75 per week

- A couple with 2 children living with them would receive £114.85 + (2 x £66.90) = £133.80 per week
« Last Edit: October 31, 2017, 10:31:13 AM by ksand24 »


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Re: Child Maintenance - report it? count towards living costs?
« Reply #5 on: October 31, 2017, 10:20:45 AM »

- A couple with 3 children living with them would receive £114.85 + (3 x £66.90) = £315.55 per week

There is now a 2 child limit for income based welfare claims; brought in because of what the MAC (Migration Advisory Committee) discovered. Willl that effect the way this is calculated if there are more than 2 children? Or just the amount some of these claimants are given, that they will need to meet the adequate maintenance?

It won't affect every PIP claimant as PIP is an in-work benefit and is not income based. Some of these claimants will be paying for their own children anyway and will not be claiming the benefits Child Tax Credits and/or Housing Benefit, or the replacement benefit for those called Universal Credit.
« Last Edit: October 31, 2017, 10:24:49 AM by Sirius »


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Re: Child Maintenance - report it? count towards living costs?
« Reply #6 on: October 31, 2017, 10:22:50 AM »
I don't believe that's correct.

1) As I understand it, you only need to include the child in the calculation if they will be living in the same household as the sponsor and applicant.

2) Also, the figure of £132.66 is a) out of date (it's the rate for 2015, not for 2017/2018) and b) it's for 2 children and no adults.

The current figures for 2017/2018 are:
- £114.85 per week for the couple
- £66.90 per week for each child living in the same household

So, if the child will be living with you, then you need to show at least £114.85 + £66.90 = £181.75 per week after rent and council tax

If the child does not live with you, then you only need to show £114.85 per week after rent and council tax.

Wow, I was off in the weeds there!  Yikes!


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Re: Child Maintenance - report it? count towards living costs?
« Reply #7 on: October 31, 2017, 10:30:42 AM »
There is now a 2 child limit for income based welfare claims; brought in because of what the MAC (Migration Advisory Committee) discovered. Willl that effect the way this is calculated if there are more than 2 children? Or just the amount some of these claimants are given, that they will need to meet the adequate maintenance?

It won't affect every PIP claimant as PIP is an in-work benefit and is not income based. Some of these claimants will be paying for their own children anyway and will not be claiming the benefits Child Tax Credits and/or Housing Benefit, or the replacement benefit for those called Universal Credit.

No idea... I just picked '3 children' on a whim just to show how the calculation worked - nothing more than that. I could have gone with 10 children and my point would have been the same.

I'll amend my post to make it 2 children to avoid confusion.


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Re: Child Maintenance - report it? count towards living costs?
« Reply #8 on: October 31, 2017, 11:04:28 AM »
No idea... I just picked '3 children' on a whim just to show how the calculation worked - nothing more than that. I could have gone with 10 children and my point would have been the same.

I didn't mean to criticise. I was just wondering how this will work now.
« Last Edit: October 31, 2017, 11:06:14 AM by Sirius »


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Re: Child Maintenance - report it? count towards living costs?
« Reply #9 on: October 31, 2017, 11:11:48 AM »
I didn't mean to criticise. I was just wondering how this will work now.

No, that's fine :). I just didn't realise my arbitrary use of the number '3' would bring up a discussion about the new benefit rules :P.

I don't understand how the new benefits system works yet, so I don't know how it will affect future maintenance calculations for visas.


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Re: Child Maintenance - report it? count towards living costs?
« Reply #10 on: October 31, 2017, 04:59:28 PM »
The amount of money you have to show is based on the amount that a UK household of the same size would receive in income support from the government each week.

- A couple with no children at all would receive £114.85 per week

- A couple where one of them has 1 child who is living with another parent (for whom they pay child maintenance) would receive £114.85 per week

- A couple where one of them has 2 children who are living with another parent (for whom they pay child maintenance) would still receive only £114.85 per week

- A couple with 1 child living with them would receive £114.85 + £66.90 = £181.75 per week

- A couple with 2 children living with them would receive £114.85 + (2 x £66.90) = £133.80 per week

Thank you for getting back with some answers so quickly!
I'm still a little confused though. I know that we still only need to show the £114.85 leftover at the end, since my stepdaughter isn't living with us full time and her mum is the one claiming the child tax credits and such. But since Appendix 2(1.28) asks if the sponsor is responsible for supporting anyone financially, including children, do I report his Child Maintenance payments here? And will that number be factored into our Adequate Maintenance calculations at all, or am I still just adding up income+benefits and subtracting rent+council tax? Or should I just leave it blank since its a variable payment scheme and very difficult to average out?

I want to be thorough, but I don't want to report something that may hurt our chances, especially if it ends up being something they wouldn't even have bothered looking into if it just wasn't included.

I've read and reread through the gov website and documents about Adequate Maintenance, but I still can't figure out if they really only need one bank statement total or if you still need to include the remaining 5-11 months of statements as well. Will including all of them hurt me if I really only need that one showing PIP and other payments going in and rent/council tax coming out?
Type of Application: Settlement Spouse Visa (non priority)
Country applying from: USA (CA)
Online application: 19 Nov 17
Biometrics: 22 Nov 2017
Package sent to UKVI (UPS): 27 Nov 2017
Package arrived: 29 Nov 2017
UKVI Receipt email confirmation: ??
Decision email: 5 Dec 2017
Documents returned:8 Dec 2017 (estimated 7 Dec)
Status: APPROVED!


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Re: Child Maintenance - report it? count towards living costs?
« Reply #11 on: October 31, 2017, 05:05:31 PM »
But since Appendix 2(1.28) asks if the sponsor is responsible for supporting anyone financially, including children, do I report his Child Maintenance payments here? And will that number be factored into our Adequate Maintenance calculations at all, or am I still just adding up income+benefits and subtracting rent+council tax? Or should I just leave it blank since its a variable payment scheme and very difficult to average out?

Yes, he should mention the maintenance payments in 1.28, but the actual calculation for meeting the finances portion ONLY takes into account rent and council tax and NO other outgoings.

So, they will calculate it as follows:

His total income - (rent + council tax) >= £114.85

Any expenses/outgoing other than rent and council tax are not considered.


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Re: Child Maintenance - report it? count towards living costs?
« Reply #12 on: October 31, 2017, 06:10:26 PM »
Yes, he should mention the maintenance payments in 1.28, but the actual calculation for meeting the finances portion ONLY takes into account rent and council tax and NO other outgoings.

So, they will calculate it as follows:

His total income - (rent + council tax) >= £114.85

Any expenses/outgoing other than rent and council tax are not considered.

THANK YOU!!!

And do you think I should just guesstimate an average monthly payment or state that it's variable and not put an actual dollar amount?
Type of Application: Settlement Spouse Visa (non priority)
Country applying from: USA (CA)
Online application: 19 Nov 17
Biometrics: 22 Nov 2017
Package sent to UKVI (UPS): 27 Nov 2017
Package arrived: 29 Nov 2017
UKVI Receipt email confirmation: ??
Decision email: 5 Dec 2017
Documents returned:8 Dec 2017 (estimated 7 Dec)
Status: APPROVED!


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Re: Child Maintenance - report it? count towards living costs?
« Reply #13 on: October 31, 2017, 06:20:05 PM »
THANK YOU!!!

And do you think I should just guesstimate an average monthly payment or state that it's variable and not put an actual dollar amount?

Maybe take an average over the year and put that? Note that this is a mean amount and the actual amount varies from month to month.


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Re: Child Maintenance - report it? count towards living costs?
« Reply #14 on: October 31, 2017, 06:20:18 PM »
And do you think I should just guesstimate an average monthly payment or state that it's variable and not put an actual dollar amount?

I would definitely put a dollar amount, because 'variable' could mean anything and does not give any indication of the kind of amount he pays.

I would either give an average amount per month, or I would give a range of amounts based on what he has paid over the last few months - and then maybe state in brackets that the exact amount varies month-to-month.


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