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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Child Benefit & CTC

18 replies

Adsy1988 · 18/10/2018 13:19

First time poster, hopefully this is in the correct place!

My wife and I separated a little over two years ago now, with myself leaving the family home and privately renting a flat nearby to be close for the kids and for school. My wife is a nurse and I just have the kids on the days, and nights, that she works, roughly about 50% of the time they’re at mine really.

We get on well enough, but recently she came to me to say she would no longer be able to give me half of the Child Benefit as her wages had been arrested due to not paying her council tax. I said that was OK, get herself sorted and then we can start again once it has been paid.

However, it transpires that she wasn’t using the money I gave her each month when we were living together for council tax, and therefore I have subsequently had my wages arrested also. I am aggrieved that she didn’t use the money as intended, and that I will be having a large chunk of money taken from my wages each month, but can’t really do anything about it.

I spoke to her last night and sent her a screenshot of my wage slip, showing the money being deducted from my wage, and asked if she would consider giving me half of the Child Benefit and CTC as they spend half of their time with me.

She has steadfastly refused to budge, saying that the children are registered to live at her house, and not mine.

I’m worried sick that I am not going to be able to provide for my children when they are here. What rights, if any, do I have?

Thanks so much.

OP posts:
Whatevszz · 18/10/2018 13:22

Do you pay maintenance? Do you and your ex both work full time?

Whatevszz · 18/10/2018 13:26

Do you and your ex earn roughly the same? What are the relative housing costs? I think these aspects are relevant too.

Original poster
Adsy1988 · 18/10/2018 13:26

No neither of us pay maintenance because we have them an equal amount of time.

OP posts:
Original poster
Adsy1988 · 18/10/2018 13:27

She lives in a council house and earns a little more than I do, but not massively, maybe £3,000 more per year, but her rent is significantly lower than mine, at least £200 per month less. She does have a car though, which I don’t, so she does have that to pay for I guess.

OP posts:
AllyMcBeagle · 18/10/2018 13:28

I might be incorrect here but my understanding was that you are not liable for council tax if you have moved out with no intention to return and another occupier remains. Isn't that the case here? If so, did you tell the Council you have moved out?

abacucat · 18/10/2018 13:29

Do you both have bedrooms for them? Both pay an equal amount for clothes, school trips, after school activities, etc?

woolduvet · 18/10/2018 13:29

Did you tell the council you moved out. Have you spoken to them.

Original poster
Adsy1988 · 18/10/2018 13:30

I’m liable for the council tax when I did live in the house, but obviously not for the council tax she has not been paying since August 2016, when I moved out. I informed the council and started paying in my new flat.

OP posts:
ArnoldBee · 18/10/2018 13:31

Easy if there's 2 chikdren you each have child benefit for 1 child.

Original poster
Adsy1988 · 18/10/2018 13:32

Abacucat yes, we both have a bedroom for them, and split everything pretty much down the middle in terms of costs and holidays and the likes.

I have spoken to the council and the Sherriff Officers regarding the case, but there’s pretty much nothing I can do regarding the outstanding balance other than pay it. It’s the CB and CTC I’m concerned about, and not being able to provide for them when they’re with me.

OP posts:
Original poster
Adsy1988 · 18/10/2018 13:32

ArnoldBee, is that something that can be done through official channels do you know?

OP posts:
hibbledibble · 18/10/2018 13:39

It would make most sense for you to each claim for one child in this situation

WhentheRabbitsWentWild · 18/10/2018 14:07

I agree with others who have said claim for one child each , if such a thing is possible .
Best of Luck though OP .

Original poster
Adsy1988 · 18/10/2018 14:09

Thanks, going to give them a call and see what the lie of the land is.

OP posts:
Winterbella · 18/10/2018 14:16

They wont let you claim for 1 child each because that would mean you get more CB as the first child on any claim is paid at a higher rate than subsequent children though.

I would try and reason with her to divide some of the money out perhaps not completely half if shes not willing, but ultimately though you did give her the money for the council tax and she has used it on something else therefore it is her fault you are now in this situation.

Original poster
Adsy1988 · 18/10/2018 14:54

Thanks Winterbella. I have tried to appeal to her to see reason, that the money, however small it is, is meant for both of us to bring our children up, but she’s not for having it.

I’ve contacted HMRC who are sending a form out for me to complete that details how often I have the kids, so after that they will go back to her, stating that I am applying for a counter claim. If she agrees, which she won’t, obviously (I don’t want it all), they will have a meeting to discuss it, and then can look to give a claim for one child to each parent, which, as you stated, would mean more money surely? I just want it sorted and for there not to be a bloody war over something like this.

OP posts:
Aprilislonggone · 18/10/2018 14:58

When exh and I shared 3 xdc he claimed for oldest 2 and I the youngest. Wasn't an issue with the cb /ctc.

Whatevszz · 18/10/2018 17:11

If you can counter claim, then do it.

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