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Tax credits and consent order

  • Miha
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13 Oct 17 #496890 by Miha
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Hi everyone,

When my ex offered a Consent Order he included both child benefits and tax credits to determine my monthly income and reduce his monthly contribution towards the mortgage. He is not entitled to any as is a high earner And we have 3 very young children.

Is this normal and fair? I'm only asking because the way he calculate will give me a monthly income to cover monthly expenses with no spare income. I would struggle to cover any unexpected costs or activities with the kids will be a no.

Any advice would be appreciated.

Many thanks.

  • Under60
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13 Oct 17 #496891 by Under60
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I would fight your corner.
You are bringing up the children.
Refuse.
X

  • WYSPECIAL
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14 Oct 17 #496900 by WYSPECIAL
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In your disclosure you have to disclose all sources of income including state benefits so, yes, if you are receiving them they will be included.

Have you filled the disclosure form (D81) in and exchanged it yet?

You can't really make an informed decision about any offers your ex makes, or make any offers yourself, until you have exchanged details.

  • Miha
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15 Oct 17 #496949 by Miha
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We completed D81 when I instructed the solicitor to draw the consent order. I disclosed all my income, I didn't receive any benefits back then. He disclosed onky his main source of income and left out the extra work he doez at weekends. He earns a lot from it. Is it unfair on him to ask him to include that income too? I do not have this option even if I wanted to.

Thank you.

  • Bubblegum11
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15 Oct 17 #496951 by Bubblegum11
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Yes the tax credits should be included in your household income.
Does he work cash in hand at the weekends or is it declared? He should declare all his earnings but it might be hard to prove in court if it's cash in hand work.

Will you be getting child maintenance through the CMS in addition? That should help cover some of the additional costs and does not need to be part of the Consent Order.

  • Miha
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15 Oct 17 #496952 by Miha
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No, his income is all through paye so traceble.

I don't get child maintenance as we look after children 50 50. Probably I should get some as there is a significant gap between our salaries but I don't imagine being to much.

It is true though I need to look closer into this. He said if he pays I'll have to give half of the child benefit and I'm happy to do so. But he is not keen as he need to do tac returns.

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15 Oct 17 #496953 by Bubblegum11
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If you do go to court, he will have to show all his earnings.
You should insist on them for the Consent Order to be fair and considered.
CM when there is 50:50 care is a bit grey! He may well not need to pay regardless of earnings. Best to speak to the CMS for clarification.

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