shared care - child benefit and tax credits

[quinn79]

I split with my wife about two years ago and we have two boys together. We have shared custody of the boys, and it is very 50/50. One week I have them 3 nights, the next 4. I feed them half the time, they have their own clothes with me and the same at their mums. She currently receives the child benefit and tax credits for both kids. I have asked that she gives up the claim for one of the boys so that I can claim, and at the moment she is refusing. I know I can still submit a child benefit and tax credit claim, and they would make a decision about who is entitled to claim the benefits.

Has anyone had any experience of going through that, and what sort of questions they ask to help them come to a decision?

Any help or advice would be greatly appreciated.

[extremepie]

Sorry I don't have any advice as my ExH and I split and I do all the childcare so nothing to split but I would think it very unfair that your ex gets to claim and you don't when you do 50:50 - I would be tempted to put in your own claim if she refuses and let them decide, if you look after them equally it's only fair you get to receive some of the benefits :)