mischief2288

I am seperating from my US husband , we have 2 children aged 3 and 5 ,I am returning to UK with his permission. I have a job to go to but cannot afford daycare and housing with my wages. Will I get benefits. I have been in USA for 5 years.
Thanks

Auld Yin

Won't you be getting support payments from your husband? It seems unfair to me that the UK taxpayer should be expected to subsidize you while your husband gets off free.

mischief2288

Well its a bit difficult as he lost his job and had to take another one with a big pay cut so he will have to pay for the house/ animals etc. I dont plan on wanting help forever i have never claimed before and up until i came here have always worked .

dingbat

If you claim benefits, he will probably be found and assessed for child support. You are required to name him anyway if you try and claim benefits, because of the entitlement to child support and how that affects what you can be paid. If you are entitled to a half share of the house or other assets (you likely will be as its the US) that amount may be factored in to your personal assets for the benefit calculation, as it should be.

"A bit difficult" is an excuse - his kids, he has to pay, as you should, if the shoe was on the other foot. He will pay child support based on his current earnings.

JAJ

Found in the United States?

JAJ

If you have US citizen children, you should make sure you have your own US citizenship before you leave.

Bob

CSA won't be able to do shit about trying to get money out of someone not in the UK.

That's not an excuse for the father not to bother, but losing a job and medical benefits can be pretty tough.

dingbat

Yes. The UK court actually has to make an Order when the absent parent is overseas, which is then enforced through REMO. Benefit claimants are required to provide details of the father/absent parent. CSA will refer on to the courts, if there is a clear case of avoiding child support to gain benefits.

It is very easy to find people these days. Ask my ex.

dingbat

The court will assist, I have done this myself, so I know it can be done. The CSA will only enforce when both parents are in the UK, that is true, but there are other mechanisms for collection.

Bob

finding yes, enforcing, not a chance in the US.

dingbat

http://www.csa.gov.uk/en/case/remo.asp

The US is a reciprocating country. It is not that hard to do, if you can bear with the lengthy process. Abandoning children seems to run in my ex's family; his brother was surprised to get nailed in the end where he lived in the States. It took just over a year to get it.

JAJ

The unanswered question is why she is not applying for maintenance from her husband right now.

Bob

It's a state by state thing, handful of states won't take part and in others it'll still be unlikely you'll actually get anything from them.

dingbat

I'm sure you are right. I only have experience if two US states and Canada. Sad really, its the kids who end up doing without. JAJ yes, agreed, child support should ideally be sorted out now before the OP's move. Maybe it is a case of leaving the US freely with the kids, on condition of making no claim against him. In which case, the UK tax payer temporarily foots the bill. Oh dear.

JAJ

I'm not sure it's smart to aspire to a life on benefits in any country - contrary to popular myth, such life is rarely a comfortable one.