Separation and Tax Free Childcare Account

[Trek28]

I have separated from my wife and I am going through the divorce process. We have 50:50 care of our daughter through court order. Both me and my wife work full time and she is the higher earner.

We have recently agreed a 50:50 split of all property and assets. However, my wife was difficult over childcare costs, and to save an argument I have agreed to pay her £85 a month towards her share of childcare. Our daughter currently attends two different nurseries, 2 days a week at each. My wife has agreed to pay for one, and I have agreed to pay for the other.

The problem that I have since come across is my wife has control of the Tax Free Childcare account and is refusing me access. I have contacted Tax Free Childcare and they are saying there is not really much I can do about this. They say only one of us can have the account. They say I can contest my wife having the account but because she is the mother, was the first to sign up, she receives our daughter's Child Benefit and holds our daughter's Passport, I would be unlikely to be able to change anything.

Because of this I am unable to apply for any Tax Free Childcare or use our daughter's free childcare hours. This means childcare costs are currently split between my wife paying £250 a month and me paying £710.

Does anyone have any thoughts on this, or any way I could improve this situation?

Many thanks.

The 30 funded hours can be split between two providers. So you could agree to use 15 hours each.

For the TFC, you could each agree to pay into it and then make payments to both nurseries from the account.

Is there no way to just pay the 80% of your part of the fees into the account and have your ex pay the nursery? More than one provider can be paid through the same account. And the free hours can be split between two providers so you should seek to agree 15 hours each.

Instead of you each paying for particular providers, why don't you both pay the same amount into the TFC account every month and then your wife pays the childcare providers from there?
Whether or not you deduct the CB from your contribution could also be considered?

why are you paying the £85?

I believe you can set up your own account and make a claim for TFC or 30 yourself for the child.
As there is already a claim for the same child, HMRC will investigate and make a decision on which parent can claim for the child.
It is usually the parent who receives the Child Benefit if it is a 50:50 arrangement.