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STBXH trying to take benefuts

(7 Posts)
oaadc Tue 12-Jul-16 20:51:24

Husband has moved out to his cousin's (I asked him to go due to EA).

DS has autism, he and I are in receipt of carers allowance, DLA, child tax credits with disability living allowance and housing benefit. We survive on this money. I cannot work due to his needs.

STBXH has suddenly decided that he wants 50% contact and will be giving up work and applying for everything I am in receipt of.

Can he do this? DS and I will lose our home. Can he suddenly demand 50% custody?

MrsBertBibby Tue 12-Jul-16 23:46:53

He can ask a court to order it.

I shouldn't have thought he'll get very far. I imagine your son would really struggle with such a drastic change to his living arrangements.

penisbeakerlaminateflooringetc Wed 13-Jul-16 09:20:19

Only the person in receipt of the child benefit can claim benefits based on having a child.

Pisssssedofff Tue 26-Jul-16 23:51:27

He won't get your benefits. Even with 50/50 they only pay it to one person and that person is you. Just to be on the safe side, worse worse case scenario agree you have 8 days out of 14 if it came to it. Which it won't

sleeponeday Fri 29-Jul-16 01:18:47

I can't begin to imagine a court ordering 50/50 shared care for an autistic child. I mean, unless yours is highly unusual, transitions and changes must be hugely problematic. Creating them, and a split of homes, when the child will also have to cope with change of environment for school... that sounds absolutely bonkers.

Courts like status quo for NT kids. That is not likely to be altered when ASD is thrown into the mix. And as has been said, only one parent gets the benefits, and that will be you.

Sounds more EA, to me. As well as a strategy to avoid child support.

How are you coping? Have you support from any local groups, or any support bodies? It's tough enough when you aren't a single parent, I know.

Potentialmadcatlady Sun 31-Jul-16 10:57:58

I'm in a similar situation, stbexh tried the same and was laughed at by my solicitor/barrister..he even argued he should get the dla car when he had the didn't happen...the benefits office don't split benefits...
My case is extremely complicated and has taken years to get sorted ( still isn't) ,is in high court and he still pays no maintaince and I'm going to end up bankrupt in order to get free of him once and for all but the benefits will stay with me as I have a residency order for the kids..

oaadc Fri 05-Aug-16 21:44:34

Thanks for all of the replies. He's changed his mind (as usual). We keep having these cycles of him getting very angry about certain things then calming down. Have lots of support smile xx

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