Ex is trying to claim some of my husband’s pension payment

March 22, 2013

My husband received a substantial lump sum pension payment. It was a higher than expected as he retired on ill health grounds.

I spoke with the CSA help desk and they told me that as long as there was no more than £65,000 in savings, nothing would have to be paid to his ex-partner for his son. By the time we paid the mortgage off, bought a car (my husband had a company car prior to retiring) and did some alterations to our home we had £40,000 left. This now to has been spent.

The trouble now is his ex-partner is trying to claim part of his pension lump sum. She has left it two years before doing so.

We have no money left to pay her anything, we are now having to provide proof of where the money has gone to the Tribunal. Can they make us pay what we have not got?

Comments

  • wilf says:

    The CSA can not take a lump sum into consideration, only any income that may be derived from it.
    If you no longer have the lump sum there can be no income.
    If you have receipts,bills of sale,invoices, etc, you should be OK.
    If there is a lump sum they may use a % as income.
    Assessments are based on income including pensions and interest.

  • Elaine says:

    Wilf, thank you for your comment. This is exactly what we thought. My husband retired on ill health grounds and obviously we used the pension to pay off the mortgage. He is unable to work so we had no choice but to do this. It will be a great miscarriage of justice if they try to make him pay anything at all.
    Thank you again

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