Hello, I'm new to this but I would like to ask if anyone can help me at all with a few questions. Briefly , I have been unhappy for about 3 years and my husband knows this and had refused to seperate, he said we should 'pretend' until the children are older.He has also suggested that I leave without the children and pay him maintenance.I work full time but have only been working again for a year as I took time out for the children, so earn little. Things have become unbearable lately and he has now agreed we should seperate. There is a house to rent in our road and he said thats as far as he's prepared to go from the children. He wants them exactly half the time, which is fine by me but he says that as its fundamentally my decision to end the marriage I have to go it alone. He will not give me any financial help and he wants half the child benefit and half the child tax credits. Can he do this?
If you are sharing care for you children 50% of the time with you ex2b then yes he is entitled to CB and WFTC. Also you will have to pay him CSA rates for the children the same as he has to pay you CSA rates for the children.
The problem comes when you have an odd number (rather than an even number) of children as the CB Agency cannot split CB and the CSA class the parent with care (PWC) as the one who receives CB
Use the CSA calculator or the one from Footprint (top of the home page on this website)to work out what he should pay you and you should pay him.
It's as Monitor says, if care is shared then so are CB, tax credits and CM although the amount for each individual child can't be divided. However, if there is a discrepancy in incomes you might be in a position to ask for spouse maintenance. This is awarded according to the need of one party and the ability to pay of the other.
I was informed by the Child Benefit office that only one parent can claim child benefit per child and that it could not be shared therefore we had to decide between ourselves who would claim. As a result I claim for one child and my ex claims for the other. At least this way they are treated as the oldest child in each household and both receive the higher rate. This will work out fine until the day my ex ceases to be able to claim any child benefit for the oldest child and I continue to receive child benefit for my youngest for another 5 years! I guess I will end up having to write him a cheque for half the balance every 4 weeks!!As monitor says, if you have say, 3 or 5 then you cannot obtain an equal share of child benefit each and must decide who claims for which children.