Credit card payment as maintenance?

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  • #22852
    Anonymous
    Guest

    Right, here’s a poser:-

    Claimant’s ex partner pays off claimant’s credit card debts each month; this comes to light during an intervention and as a response to a maintenance question.

    Basically the claimant states that the partner refuses to pay maintenance, but is willing to pay this particular debt each month…it appears to me that these payments are, effectively, in lieu of maintenance for his child…can we treat it as maintenance in her claim? She is disputing its inclusion as she doesn’t actually physically receive the payment.

    #9891
    Anonymous
    Guest

    I would. Without any legal authority here I would say that payments to credit card companies are a device for disguising payments of income (to avoid tax as well as to get benefit). I might even use that old war horse “adverse inferences”!!!

    #9892
    andyrichards
    Participant

    Any your chance of your claimant’s partner performing this particular service for me….? 😆

    I agree it is hard to see as not being income, but again there may be a mountain of caselaw out there that says otherwise.

    #9893
    Anonymous
    Guest

    I can understand where Chris is coming from, but I don’t know if there is the legal basis for doing so.
    It is definately income, as Andy says, but does it fall to be disregarded? :15:

    Since Nov last year all charitable and / or voluntary payments are disregarded. It could be argued that if there is no legal basis for making these payments then they must be voluntary. 8) (Reg 46?)

    So I think perhaps a few more questions (perhaps, why has there been no legal process to get maintenance paid?) may be pertinant here. 😉

    Somtimes, it might walk like a duck , and quack like a duck BUT…….. 8)

    #9894
    Kevin D
    Participant

    Jon,

    Sorry – fundamental flaw in the voluntary payments idea. Monies from a former partner MUST be treated as maintenance – they cannot be disregarded as voluntary (or charitable) payments. [[b:c8aaf3e8a7]Sch 5; para 14(2)[/b:c8aaf3e8a7]]

    Regards

    #9895
    Anonymous
    Guest

    Cheers folks!

    Thanks Kev..that’s just what we were looking for!

    😉

    #9896
    Anonymous
    Guest

    DOH! 😳 🙄
    Got the reg, forgot the schedule – remeber something to this end, quite right Kevin

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