Help with maintenance

[MaryEllen]

I am in the process of a divorce. I work part time (below my personal allowance). I have received a letter from HMRC informing me I have a tax rebate. I have now found out that my estranged husband is paying my maintenance as a wage. I have not worked for my husband for over 2 years. His accountant had been holding all of my payslips and P60s. Is this legal? what shall I do about the rebate?

[ostell]

You are probably not entitled to the rebate as your full "income" will probably make you liable for more tax.

This does, of course, not mean that you shouldn't investigate this further.

I can't remember if a maintenance payment is income for tax purposes. Is some of the payment meant for children?

He is pushing his luck though in not sending payslips or P60

[MaryEllen]

Thanks for the reply. As I understand it mainemance is not taxable income, surely he should be paying the tax and not using my allowance! I am worried that I will now owe tax on my real income.