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PWC?? Me or her?

  • BewilderedBob
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04 Oct 12 #359306 by BewilderedBob
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Hi all
I have 3 girls aged 12,10 and 6 and we are all in the same house still but in the middle of a divorce which was not of my doing.
My wife wants me out but I have said from the start that I will not go and have stuck to my guns.
She is now so sick of the situation that she is considering leaving but had said the kids will go with her and has made the situation at home seem worse than it is and is currently feigning illness and stress and also claiming my eldest is suffering too.
Granted its not an ideal situation but we don''t fight or argue or at least I don''t yet she has a very volatile nature and flies off the handle at a moments notice which is the only thing (if anything) that affects my eldest.
Anyway, my question is I receive tax credits for the younger two and child benefit for the eldest. She gets tax credits for the eldest and child benefit for the younger two..., so who if either of us is the PWC?
And if she were to move out where would that leave me?
I''d likd to think that I might be able to keep them in the FMH and keep some sort of stability for them.
Any ideas anyone?
Thanks
BB

  • WYSPECIAL
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04 Oct 12 #359309 by WYSPECIAL
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If you live together then you claim tax credits as a couple not as individuals.

PWC is a CSA term to decide which parent is eligible to receive maintenance from the other.

You can come to whatever arrangement you want to between yourselves but only one of you can claim CB for each of the children and as far as I''m aware when you claim tax credits they ask if you are receiving CB.

  • BewilderedBob
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04 Oct 12 #359315 by BewilderedBob
Reply from BewilderedBob
Thanks for the reply.
We were claiming as a couple originally but the STBX started a claim as an individual which I appealed as we were still in the same house etc but after a lengthy appeal period (and no tax credits) it was decided I would get two kids worth and she would get one and vice versa on the CB front.
Had to send all sorts of docs as proof I''d paid out etc for my own kids but got there in the end.
STBX is extremely bitter however and is now considering leaving the home.
I just wondered where I stood as technically I pay for all bills, food, clothes, mortgage etc and claim the majority of the tax credits and work a job too. Just curious as to whether this counts for anything if she ups and leaves taking the kids with her?
Thanks again
BB

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04 Oct 12 #359322 by WYSPECIAL
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Why not apply for a prohibited steps order to stop her?

  • Fiona
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04 Oct 12 #359328 by Fiona
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PWC is a term used for child support purposes, but child support and the living/contact arrangements for children are treated separately under different bits of legislation.

Under the Children Act 1989 both parents have Parental Responsibility. That means they have equal responsibility and rights to carry out their responsibilities and living and contact arrangements need to be agreed. When no agreement can be reached either party may apply to court for an order to regulate PR. If one parent acts or is going to act unilaterally the other parent may apply for a Prohibited Steps Order to prevent or reverse the action.

The courts would then consider the Welfare Checklist in s1 Children Act 1989, including the children''s wishes and feelings in light of their age and maturity, the background and how capable each parent is of caring for the children. When both parents worked full time and shared responsibility for the children 50:50 before the marriage breakdown there is a strong possibility that shared residence 50:50 would be awarded after separation. On the other hand if one parent doesn''t work or works part time to fit around child care responsibilities it is likely they will remain the parent with the majority of care post separation.

Good contact for children relies on parents working together, or at least not against each other. Going to court tends to make that difficult or impossible and there are better ways of resolving disputes such as mediation or collaborative law. However, if child care was shared 50:50 before the parents relationship broke up you could be disadvantaged if your wife left with the children and a new status quo was established. In those circumstances it is better to apply for a PSO to prevent the move until the long terms arrangements have been sorted out. On the other hand if your wife was the parent with care it could do less damage to long term family relationships for you to move out.

  • Munchbunch
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04 Oct 12 #359332 by Munchbunch
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If your wife leaves there is surely no reason you can''t arrange some kind of 50/50 access.
If you split the benefits, one claiming for one child, the other for two, then you both have the ability to claim working tax credits should you need to/be able to, which is obviously helpful. Also maintenance becomes less of an issue as perhaps one would cancel the other out. My thoughts are this would work out the best solution long term financially.

As for your wife leaving with the children, it does sound like she''s planning to leave and be the sole parent with child, which is something you definately need to sort out, either with her before she goes, hopefully, amicably, or by seeking legal advice. Like you say, there is no reason for her to have sole custody.

The kids may well be stressed. Not necessarily because either of you are intentionally creating a bad enviroment but kids tend to blame themselves and pick up on everything that you think they''re not noticing. Also if your wife is ''feigning'' ilnnesses or stress (whether she is suffering or not I can''t say, but she is behaving like she is) then this could be stressing your children out.
My guess would be that it will be stressful for the kids to some extent living with two parents who are separating but living under the same roof. I don''t think that your wife flouncing out with the kids and all that disruption is necessarily the best way to avoid it though.

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