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Should I pay maintenance?

  • HonestMan
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10 Sep 12 #355088 by HonestMan
Topic started by HonestMan
Hi everyone, I''m after some much needed advice.

My current situation is that I am divorced.
I left the family home over 4 years ago and divorced my wife for unreasonable behaviour. I am currently living in rented accommodation.
I am now trying to sort the financial aspects out as I want to buy a house of my own.
I have 2 children, both girls, 17 & 14.

The eldest lives 100% with me, the youngest stays at mine at least 3 nights per week. So out of a possible 14 nights per week (7 per child) I have the children 10 nights and my ex has 4 nights.

I earn substantially more than my ex and have always paid child maintenance to her. I can’t claim from my ex for the eldest as she receives working tax credit.

My question is, should I be paying anything at all to her?

Thanks to anyone who replies.....

  • mumtoboys
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10 Sep 12 #355094 by mumtoboys
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assuming your ex has the child benefit, yes.

to be clear, is it your daughter or your ex that is receiving working tax credit?

assuming your daughter, she is working and therefore there is no longer a maintenance liability for her anyway.

working tax credit is paid where wages are particularly low. Child tax credit is for children. Assuming it is your wife who is in receipt of working tax credit, this isn''t for the child that is living with her (although she will no doubt also receive child tax credit).

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10 Sep 12 #355116 by HonestMan
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Sorry my post wasn''t too clear. It''s my ex who is claiming not my daughter. My daughter is in full time education (college). My ex is also claiming the child benefit.

It seems very unfair that my ex can claim from me but I am lead to believe I can''t claim from her as she is claiming tax credits.

  • zonked
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10 Sep 12 #355117 by zonked
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You would still be able to make a claim against the ex; althought the amount would be fairly smaill.

  • Elphie
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11 Sep 12 #355131 by Elphie
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I think you are confusing working tax with child benefit. Makes no difference if someone is claiming working tax credit. However, you have to be claiming the child benefit for the child in order to claim cm from the other parent, if you went through the csa as the csa use this to indicate who the child lives with. If you come to a personal arrangement it doesn''t maTter.

However, if you earn "substantially more" than your ex, is it really fair that you can''t claim cm from her? Maybe rather than claiming from her, you could decrease the cm you pay her as she only actually has one child living with her? If you use the csa guideline''s, it would be less than 15% of your wages as you have her 4 nights a week.

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