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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


child benefit/tax credits

  • manfriday
  • manfriday's Avatar Posted by
  • Senior Member
  • Senior Member
More
03 Aug 11 #281187 by manfriday
Topic started by manfriday
wonder if any of you guys have any info on the above subject.my stbx receives child benefit and tax credits in her name for my two children who are 13 and 9,as we no longer live as husband and wife(we havent since beginning of march)am i entitled to a half share of the child benefit/tax credits.
we both earn the same amount in salary,would really appreciate any input.

thanks

  • mumtoboys
  • mumtoboys's Avatar
  • Platinum Member
  • Platinum Member
More
03 Aug 11 #281197 by mumtoboys
Reply from mumtoboys
the person who claims the child benefit is the person who is entitled to claim tax credit. Who are the children living with the majority of the time? If you have a 50/50 arrangement, it would be reasonable to suggest that you each claim for one child. You should also note that the parent who has the child benefit is the one who is entitled to claim maintenance through the CSA. There is no legal obligation on the part of the parent. claiming the relevant child benefits to share them with the other parent.

  • manfriday
  • manfriday's Avatar Posted by
  • Senior Member
  • Senior Member
More
03 Aug 11 #281203 by manfriday
Reply from manfriday
unfortunately at the moment we still live in the same house although i hvae been to see about a mortgage to buy out stbx share of the family home and have been told that i can afford it.

my son has said he wants to stay in the family home with me so need to know where i stand regarding benefits,dont see how its fare that she gets to keep all the benefits

  • PinkDuck
  • PinkDuck's Avatar
  • User is blocked
  • User is blocked
More
04 Aug 11 #281327 by PinkDuck
Reply from PinkDuck
Hi.. This is similar, though not quite the same, as the situation my OH is in.

He has his kids in FMH 131 nights a year. (1 third of the time) He applied for CB for one of his three kids to reflect the time spent with them.

We have a long drawn out application for CB which we had to appeal and in the end we were able to get an award for one child which went against everything we had been told and we werenot really holding out much hope. We emphasised we did not want to split the benefit between the parents but that he wanted to claim for one child therefore splitting the children not the payments.

I am sure the fact that you are under the same roof will impact any decision made by the HMRC, re child benefit but dont give up especially if your boy wants to stay with you, I am certain a child over the age of 10 can input his wishes into the proceedings.

If you get CB then you can reduce your CSA payments to and claim working tax credits if your are eligible.

We know this is the tip of the iceburg for us and that with this award will come endless amounts of acrimony.

  • mumtoboys
  • mumtoboys's Avatar
  • Platinum Member
  • Platinum Member
More
04 Aug 11 #281336 by mumtoboys
Reply from mumtoboys
whilst I would agree it's a moral victory, it seems somewhat hollow if the other parent is going to take exception to it. I hope you're not too reliant on handovers so the children get to witness all the acrimony that goes with it.

  • PinkDuck
  • PinkDuck's Avatar
  • User is blocked
  • User is blocked
More
04 Aug 11 #281344 by PinkDuck
Reply from PinkDuck
Handovers have always been a flash point and on many occasions mum has ranted and dad says little or nothing as she berates him and belittles him in front of the children, as per her request to the court and subsequent ruling by court order dad sits in the car as he is not allowed to get out. This does not stop her from shouting at him through the open door as the kids get in or out. He has asked her many times not to do this in front of the children, her response is that they need to know whats going on... they are 7 and 4.

You really would think it was dad that ran off and had the affair with someone else.

There is no victory in this scenario, dad applied for and was awarded CB, this will be used to improve the quality of life the children have whilst with their dad. Dads houshold income is in the region of £14k, mums is in the region of £80k, so please see the bigger picture here. This is about making things better for the kids so they dont have to keep going without. Sometimes is nice to see the right person get a break whether that is mum or dad.

So far dad has cashed in his endowment and sold his car as well as several sentimental items to meet the escalating solicitor and court costs for family court and for the divorce which is now at FDR stage, with at least another £15k to find.

There are no real winners....

  • mumtoboys
  • mumtoboys's Avatar
  • Platinum Member
  • Platinum Member
More
04 Aug 11 #281352 by mumtoboys
Reply from mumtoboys
sadly, no. Nightmare situation. I would be worried this isn't helping - but perhaps nothing he does will help so why not?! damned if you do and damned if you don't, that's the problem!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11