Ex has put in a counter-claim for CTC

(12 Posts)
wheelwithinawheel Thu 27-Oct-16 13:37:22

Currently have 'shared' care of 3DC in terms of overnights, but in reality I do more in terms of daytime care etc. Split 1.5 year ago, and I left the family home since he lives next door to his parents and the house is wreck - I didn't particularly want it! Reasons for split were EA, financial abuse and he had an emotional affair. As a result though my outgoings are much higher since he has minimal mortgage and I am now paying rent, and had to furnish the house (left with nothing). Ex works full time in a well paid job, I have a PT low wage job, and was a SAHM for 4 years (just for background).

I am currently in receipt of CB and CTC, but have received letters from HRMC that ex has now put in a counter claim for CTC. What are the chances of him being awarded this? Without it I am going to be on the breadline. I have plans to re-train in the next year, and hopefully get a better paid job. In the meantime however I don't see how I will manage without this money. I currently pay for most child related costs (throwing birthday parties for them, uniform, I drive long distances for school pickups and dropoffs for all bar one afternoon of the school week).

Has anyone got any experiences to share? Will my CTC claim be suspended while it is sorted? Really panicking here!

AnchorDownDeepBreath Thu 27-Oct-16 13:41:43

It's going to depend on who has them more. Given there are 7 days/nights a week, does one of you have them more?

If it's exactly equal and you can't decide who is main carer, Tax Credits will do it for you, but that can be time consuming.

What address is registered at school, and the doctors?

wheelwithinawheel Thu 27-Oct-16 13:54:36

Unfortunately and naively we agreed to keep ex-H's address as 'main' since the youngest hasn't started school yet and would fall in a different catchment area if it was my new address used. So we agreed it would be best to keep things as they were which would ensure a better chance of them all attending the same school. It would otherwise be a nightmare getting them to schools in two different locations at the same time (of course, this wouldn't fall to him as I do all school pickups and dropoffs). In terms of nights, I do 4:3 one week and 3:4 the following, so it does work out an even split. I'm fucked aren't I?

Muddlingalongalone Thu 27-Oct-16 13:58:53

Surely if he works full time in a well paid job he wouldn't qualify for tax credits so there's no logic to this?

PigletWasPoohsFriend Thu 27-Oct-16 14:01:00

Surely if he works full time in a well paid job he wouldn't qualify for tax credits so there's no logic to this?

I guess it depends on your definition of a well paid job is.

wheelwithinawheel Thu 27-Oct-16 14:14:31

I think he earns circa 40k and has been earmarked for development within his job as he is being funded to do a postgrad which would allow further progression, so it is likely this would go up in the next few years. On our area (not a big city) this is fairly well paid. I'm not sure how the claim is calculated, but if it is means tested then yes, there would be less money available for the DC. I think basically he just wants to fuck me over any way possible, as he takes no responsibility for the marriage breakdown. He has already fabricated 'loans' so that when we come to divorce it will decrease the assets. Of course, the whole world thinks he's a lovely man! It's such a nightmare.

wheelwithinawheel Thu 27-Oct-16 14:17:32

How bad would it look if i just went ahead and changed the contact address for school and GP next week? I've always been the one to arrange/attend medical appointments and have all contact with school.

PigletWasPoohsFriend Thu 27-Oct-16 14:21:18

How bad would it look if i just went ahead and changed the contact address for school and GP next week? I've always been the one to arrange/attend medical appointments and have all contact with school.

Very dodgy considering there is now a claim in progress.

AnchorDownDeepBreath Thu 27-Oct-16 14:31:35

Yeah you can't change them now. The claim would proceed using the details as they stood, I believe.

You could attempt to explain your reasoning, but it looks a bit dodgy - I'm not sure if that would count as admissions fraud, or if you can pick either address if care is split.

As it stands, I think CTC will probably go to him. I'd prepare for that just incase.

The points considered when care is shared are;

Who the person predominantly lives with
Where the child has most of his/her toys and belongings
Who is responsible for day-to-day costs such as food, clothing, pocket money
Who is main contact at GP and school
Who is responsible for health/hygiene of child, such as making drs/dentists appointments and doing laundry
What is the registered address for the school, doctors, dentist, childcare
Who has legal custody

Most of those are quite difficult to prove, and he's likely to argue that he does them too.

It is possible to switch entitlements every 6 months, so you both get 6 months on and 6 months off, but he has to be willing and it doesn't sound like he would be.

wheelwithinawheel Thu 27-Oct-16 14:41:06

Oh fuckety fuck. I wouldn't have thought it was fraudulent to use one address for school purposes since it is also the DC's home? The split is as follows DC are in my care from 7.45am Monday morning through Thursday 4.30pm when I drop them with ex. I then collect them on Friday morning, do school run and drop baby at nursery. I work fri-sun, and EOW collect kids from ex on Saturday at 5.30pm, visit my parents and the kids sleep over. They drop DC back on Sunday at 4.30. So technically while it is 50:50, I do more of the running around. Will this be taken into consideration?

wheelwithinawheel Thu 27-Oct-16 15:06:58

Thank you all for your replies flowers

wheelwithinawheel Thu 27-Oct-16 16:05:30

Hopeful bump

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