A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Does joint residency affect benefits?

  • shazza
  • shazza's Avatar Posted by
  • Elite Member
  • Elite Member
More
15 Apr 08 #19662 by shazza
Topic started by shazza
My x2b wants joint residency. Does residency effect how much benefits I can claim. He earns about 50k. I am a student at the moment and hope to get a part time job when I graduate therefore my earning potential will not be that high (about 12k) I will therefore have to rely on benefits to survive. Any advice would be appreciated.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
16 Apr 08 #19672 by Fiona
Reply from Fiona
Shared residency might be only a third of the time, not much different from contact alternate weekends plus one night during the week.

In your case it would probably make sense for you to receive CB and then you would be entitled to a fair amount of WFTC if you worked 16 hours or more per week. Because of the amount he earns your husband wouldn't be entitled to much in the way of tax credits anyway.

If there is more than one child he might feel he should get CB for one because child support is paid to the parent in receipt of CB and that way he would reduce what he paid you, although the probability is he would end up paying the difference in spouse maintenance.

  • shazza
  • shazza's Avatar Posted by
  • Elite Member
  • Elite Member
More
16 Apr 08 #19695 by shazza
Reply from shazza
Thanks Fiona for the advice. Am I right in understanding then that it is not who has residency or the number of nights a child spends with you that matters but rather who gets the child benefit payment? Or does residency matter more or the number of nights the children spend with you matter more. Sorry if I sound a bit confused - its because I am!

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
16 Apr 08 #19699 by rubytuesday
Reply from rubytuesday
Hi Shazza

It is usual for the PWC (parent with care - this refers to the parent who has the child/children for a greater time) to claim the appropriate benefits in relation to the child/children. However, in the case of shared residency, where the care is an even 50/50, it is best for the parents to decide between themselves who will claim - usually the lower-earning parent (in your case, this is you). it is possible for one parent to claim CB, and the other to claim CTC/WFTC, but this is highly unusual.
As Fiona rightly points out, shared residency can be split 70/30 in favour of one parent. I would suggest that as you are the lower-earning parent, you should claim the relevent benefits, as you would receive more than your x2b. You cant both claim the same benefits. Would your x2b agree to you claiming the relevent benefits?

Ruby

  • Monitor441
  • Monitor441's Avatar
  • Platinum Member
  • Platinum Member
More
21 Apr 08 #20127 by Monitor441
Reply from Monitor441
The issue is normally a problem when the shared care is 50/50. If this is the case, and if there are an even number of children, both parents are entitled to the child benefit for half the children. This in turn then defines child maintenance, where both parents have to pay each other child maintenance, taking into account deductions for the number of children living with each parent.

Just because one parent earns less then the other, doesn't mean they automatically get the CB. It needs to be discussed between the parents and a voluntary agreement reached or let the Child Benefit Agency decide who receives CB.

Its a minefield so be careful.

Mon

  • shazza
  • shazza's Avatar Posted by
  • Elite Member
  • Elite Member
More
21 Apr 08 #20154 by shazza
Reply from shazza
thanks for all the advice everyone. It is a bit of a worrying time. I want to do what is best for the children but I can't get my head around him wanting 50/50 residency. One of the main problems in the marriage is that he always put work and other intersts first and spent very little time and energy on me and the children. I want him to have a good relationship with the children and be present in their lives but I can't help thinking he is only asking for 50/50 to avoid giving me a greater share of the marital pot and maintenance. I won't be able to survive financially without a decent settlements and benefits even when I graduate and get my first job. Just hope he treats me with some decency! Also can he force me to take up full time work as we had always discussed that I would work part time while the children were young so that I can still be there for them.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11