Legal Advice on Benefits Problems | Legal Aid Clinic


Questioner

Situation: My girlfriend, who I have been with for almost a year now, has not lived with her ex for 4 years, never married or had a cohabitation contract but did have 2 children BUT her name is still on the purchase contract of their house. children are registered with him and he has his own business She left for reasons I won't discuss here but she was fed up with it and wanted to get rid of everything so he could have everything, the kids are registered with him but they come here every other week When they were still living together, they received too much childcare allowance TOGETHER, but it came into HER account. She doesn't receive any benefits and earns just above the minimum wage and has a lot of debt, including a large debt for childcare... In my opinion, that is a debt that they both have to pay instead of him making her pay for it. But what does the good man say, you haven't paid your mortgage for years, so you'll just have to pay it yourself, I won't let them fleece me... while she hasn't lived there for 4 years... We have a lot of hassle about this and she thinks it's about money... but I just want her to get what she's entitled to while the kids are here every other week and that she has money left over of course instead of having to pay for all the childcare I understand that he gets all the allowances and benefits because the children are registered there and he pays everything for those children, but they are here every other week and he does not want a child to be registered here. It can't be that because they were both negligent about that purchase contract, the tax authorities will only recover that debt from her? long story I know but it's pretty high.. are they still each other's allowance partner because she is on that contract? and how can I arrange it so that she is not the only one responsible for that debt.. I would like to hear what the possibilities are....

Lawyer

As long as the lady is still mentioned in the purchase contract, she is a fiscal partner and she should pay more towards the mortgage according to income. If this is not done, the ex-husband has a form of settlement right. You could hire a mediator to clarify things.

Questioner

Even if she has given up everything and hasn't received a red cent for 4 years?

Lawyer

If the lady can prove that she has relinquished the home, then the case will be different of course, but the tax authorities will probably not know that. You can also have the purchase agreement amended so that you are released from the payment obligation.

Questioner

she gave up her life and there was an accountant present and her ex indicated that he would not buy her out She also gave up the savings mortgage of over 6,000. He really wanted to continue living there. But now I understand that he is so irritated that she is in a relationship with me, now he is getting resistance and he is afraid that he will have to close down his business soon. What is your advice?

Lawyer

There are a number of problems here, which Groenwegen does not properly distinguish: 1. it is not important whether your girlfriend and her ex are/were tax partners. for the allowances the criterion is whether they are allowance partners. this is a different concept; 2. your girlfriend and her ex are no longer benefit partners; 3. according to the law your girlfriend is probably liable for the recovery. She received the money and the Tax Authorities, benefits department (BDT) does not look at how the money was used; 4. regarding the ownership of the house, something needs to be arranged in the short term. Separated, but still sharing a house always causes problems. Your girlfriend's problem is too complex to solve here. I therefore advise her to contact a law firm as soon as possible, which has a specialist in the field of allowances as well as personal and family law. Trying to solve the problem yourself is cheaper in the short term, but can lead to a lot of misery and high costs/damage in the long(er) term.

Questioner

Conclusion: they should have agreed among themselves how they would pay the excess childcare allowance received, since they are both their children. He doesn't pay any extra money, it came into her account so she's the one who gets screwed. He also keeps the savings mortgage he received and he does not want her to lose that purchase contract so that he always has a kind of power over him if she asks for justified support. So a mediator or lawyer doesn't have money for them and neither do I He has arranged it well

Lawyer

If you and your girlfriend do not have money for a lawyer, you may be entitled to legal aid. You can read the conditions for this on the website of the Legal Aid Board. If your girlfriend does nothing, the costs will be (much) higher than the salary of a lawyer. In short, doing nothing is a luxury that your girlfriend cannot afford. That is the worst and most expensive 'solution'.

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