Child tax credits with 50/50 shared custody

[Snowwhite1983]

My soon to be ex husband and I have decided to go for shared parenting, with an exact 50% split of the time with our little daughter, so there is no primary care give. He is a high earner, I receive child benefits, child tax credits and working tax credits. If he applied, he would not receive any of that. However, he insists on his right to apply every second year just so that I won't get any support in that time.
My question is: If he were to apply for universal credit next year and would not get any, could I continue to claim my CTC and WTC?
TIA

My ex is also a very high earner (£100k +) whereas I'm a comparitively low earner (£18k). Didn't stop him from claiming (and getting!) the Child Benefit for one of our two sons though! Yes, he is an absolutely vile man but I'm angrier at the system for actually allowing him to do this!

I'm angrier at the system for actually allowing him to do this

Think I have said this before, but if someone is on £100k + I don't think they would qualify for child benefit? Look on the link:

www.gov.uk/child-benefit-tax-charge

Absolutely agree! But how can I prove it when he is a Chartered Accountant running his own business? 😯

No of course he doesn't qualify if he is taking the child ben that is illegal on his own head be it. but you need to also make a counter application.

Yes I will do. Problem is he is in business with his brother so I think what he's doing is putting lots of the money with him if that makes sense?

Snowhite1983.

Are you married to my ex? HA ha joke btw.

He is the same as mine, just ignore him this is about control and the fact he is losing you!

They unfortunately don't take conduct into any financial order unless its fraud or that the violence was so bad that you can never walk or work again or that you lost use of your hands that sort of thing. Does that make sense That look at facts what each of you have on paper and what each of your bring to the table. which can also be a disappointment as my ex should be accountable.

Shared custody or any custody is irrelevant with UC! I promoise uc is a means based benefit, it is not effected by how much I have my kids or don't have my kids. Really it isn't. I had an appointment with my work coach and asked her for you. UC is effected by how much I work or don't work.

Please don't be bullied by your ex do what you need to do for you ignore what he say, let him go for sole custody he is unlikely to win. Unless you are an unfit mother, have drink or drugs problem. The law protect all of hun. My x said the same when he realised I was serious about taking him to court for Axcillary relief. Its just hot air please don't get drawn in. They are scare tactic, but lets face it they wouldn't have to scare us, if they'd been reasonable men they would still be married, hun there are better times around the corner hold tight to that thought and move on without listening to his blah blah blah! Games that's all! Just games. I hope you are okay?

And for your info if courts awarded custody of children on weather someone had an affair then lots lots of people would never see their kids! not going to happen hun!

Did you have evidence from your solicitor before signing separation agreement? If not then it's probably not worth the paper it's written on.

@missedtheboatagain Think I have said this before, but if someone is on £100k + I don't think they would qualify for child benefit?

All parents are entitled to claim it. However, earning above a certain threshold means you have to pay it back through tax. You can still claim it, and put a tick in a box that says don't pay me it... And you're still the beneficiary, although not actually getting it.

My ex claimed CB despite my DD living with me 60%. I didn't claim as I knew I'd have to waiver the entitlement or pay it back each year (higher earner)

Ex claimed it to use as a basis to apply for CMS. So I had to dispute the CB to remove the CMS application. I don't receive CB, but I'm registered as the recipient.

So even if my ex earns £100k + and therefore doesn't take it, he can still stop me from claiming for my other son when I earn a huge amount less than him?

I don't know what you mean about your other son. How many children do you have? And are they your stbex's?

No no if you ex earns 100K hes not entitled to it, he can get as above says but he has to pay it back via tax.

you need to make a counter claim, if he is applying for it, we are going around and around in the post!

The gov website states all this,

higher earner are not entitled to CB it is for a certain level of earnings it used to be under 40K it might of changed, the other parent is entitled to the Child benefit/ As long as he doesn't live with you your EX I mean you are entitled to it. it s a state benefit for those on certain income

I have two boys with my ex. He is still in the five bed marital home, I'm in a rented damp two-bed 😕 Settlement was a joke, nowhere near enough to buy anything.

This is lift off the .Gov website.

Only one person can get Child Benefit for a child.
You normally qualify for Child Benefit if you’re responsible for a child under 16 (or under 20 if they stay in approved education or training) and you live in the UK.
You’ll usually be responsible for a child if you live with them or you’re paying at least the same amount as Child Benefit (or the equivalent in kind) towards looking after them.
Contributions can include:
money
clothes
birthday and Christmas presents
food
pocket money

please google Childbenefit its all there

Ella 1980 I am so sorry to hear about your experience, its dreadful, how long were you married for and what happened I do remember seeing your post, but is there no hope of getting some sort of resolution.

Did you get advice or go to court?

/www.gov.uk/child-benefit/eligibility. there is loads on here.

Ella 1980 here you go hun

Aw thank you very much, will have a look. I married in 2005 and finally found the courage to leave in 2014. Ex was abusive in every way imaginable except physically (as he knew this would have provided court evidence). He was FURIOUS when I left and told me I would lose everything. Which I kind of did. He orginally contested divorce and was going to go with argument that the marriage hadn't irretrievably broken down (yes, you couldn't make it up!) Eventually when he got himself a (15 year younger and unemployed) gf he agreed to divorce in Dec 2017 on grounds of 2 years separation.
When we went to court he basically got past the Form E as has his own business and squirrelled away a lot of money with his brother. I got a settlement but not enough to get us on the housing ladder. I work full-time.
The whole system is wrong and has failed both myself and my children. We have suffered at the hands of an abuser and continue to do so, it really is that clear cut.

OMG Ella I am so so sorry, I am going to message you privately I have some tips.

yes the system is wrong and abuser get away with using manipulation and control. I watched my ex get away with it for nearly 15 years he told me recently He can do anything he wants in life!

Ella can I tell you YOU HAVE NOT LOST EVERYTHING. You have gained your life back without abuse, no woman deserves to be abused, or treated badly for wanting respect. You are far far richer now than you have ever been and I don't mean rich with money I mean richer because you do not have him in your life.

Ella if it is any consolation (now I know it wont be possible) but in your ancillary relief hearing they would not of address his abuse anyway. It is not considered. I was advised not to leave the family home. Do you know how many time my X has tried to get me to leave, everyday practically from the day I started standing up to him and filling for divorce.

I have now learnt to completely block him out, Gaslighting and cohesive behaviour is becoming more and more recognised.

Please please look at the government website it clearly say he cannot claim Child benefit. Stand up to him and please message me if you want any help or advise I have tons of experience of how things works. I read on here last week a woman said her husband said he could pick her daughter up from school, Wtf unless a court says she can she has equal right to collect her daughter, the problem is these days men use bullying tactics and woman are not informed correctly and they just go with it.

People out there will help you just have to shout really really loud!

Problem is he is in business with his brother so I think what he's doing is putting lots of the money with him if that makes sense

If your ex is an accountant he will be aware of all the tricks that can be used to divert or hide money. Possible that Dividends/Salary paid to the brother find their way back to your ex cash in hand. Hence they would not appear on his Tax Return.

The whole system is wrong and has failed both myself and my children

The current 2012 CMS scheme is less favourable than the previous 2003 CSA Scheme. Variations based on assets and lifestyle being inconsistent with declared earnings are no longer possible.

Removal of those grounds for Variations opens the door for Ex Partners to:

Be asset rich, but income poor and hence pay little or no maintenance.

Set up business with new partners named as directors who can receive dividends that don't appear on Ex's Tax Return, but ex gets the benefit as lives in same house as new partner.

CMS now requires a plus or minus 25% change in income before they will re-assess. Previously it was 5%.

No child maintenance payable if shared care is 50:50 is wrong too if one parent earns a lot more than the other.