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Tax Credits ...who has them when separated

7 replies

goingwiththeflow · 01/02/2010 22:19

have been separated from ex for 18months, have three kids I have claimed the tax credits since this time but now I am married my Ex wants to have 'the governments money' ..this doesn't really make any difference to us ££ wise as most of it would be required to pay for childcare costs . However at moment he works full time and I part time so I collect kids from school when I finish work and give tea etc then he collects after he finishes work (on the nights they stay at his house, which is around 3 out of 7) I have also paid for school uniform, trips, majority of clothes, Cub Fees, party presents and and so on.
He wishes to take over the tax credits but will still be working full time so I will be providing all meals etc and doing driving to clubs etc etc whilst he will be getting the ££ ..can I get some agreement that he will take over the majority of the costs of clothing etc aswell?
Also by receiving the tax credits does that make him legally the 'resident' parent eventhough though I am doing the majority of the day to day care ?
Any advice from anyone been thru a similar situation gratefully received!!!

OP posts:
purpleturtle · 01/02/2010 22:23

Without any experience of your situation, I just dropped by to say that I thought that Tax Credits were paid to the principal carer of the children - thus I get them rather than DH, because he works full-time - and based on what you've said, you seem to be the principal carer in your situation.

Hopefully, someone will be along to tell you how it works in your situation where childcare is shared.

HerBeatitude · 01/02/2010 22:26

Tax credits are worked out on family income, so your xp is completely barking up the wrong tree if he thinks they would be transferred to him.

He needs to go on www.entitledto.com to check out his entitlement. And you need to tell the DWP about any change of circumstance.

Ivykaty44 · 01/02/2010 22:28

do you know how much he earns?

tax credits are payed to top up someones income to a livable income. Once you start earning over 21k per year then you are not going to really benifit.

The person applying for tax credits and child tax credits must have the children he is applying for living ith him.

That menas they stay at that house most and have the address for gp's school etc.

goingwiththeflow · 01/02/2010 22:41

thanks everyone....we have 'shared custody' as such although its never been to court ..he doesn't pay any maintenance, the kids are registered with me for school but him for doctors ( he is very 'careful' about what he will agree to and everything with him is soooo long winded !!) he has mentioned to someone that if he receives tax credits then he will be able to get housing benefit too as he will be classed a single parent and I think this is partly the reason behind it all apart from the fact that he thinks tax credits are the path to being a millionaire!!
He earns around 20k a year
I am claiming as a married couple which means we top up the current part time childcare costs.. from what I worked out online for the EX he would receive full payment of childcare costs and some left over ..am sure he has worked that out too
Do the tax credit people decide who receives it...can he just go ahead and make a claim too and then they decide who ???
I am not fussed particularly over the ££ side of things I suppose thats just how it goes just don't wnat to lose any kind of legal standing as the parent (if it ever goes to court or anything.. especially as 'purple turtle' says I am actually the Principal Carer

OP posts:
Grandhighpoohba · 01/02/2010 22:58

I think the tax credits are only payable to the person who receives the Child Benefit. So he would need to claim child Benefit for the children. THis, I think, would only be paid to the principle carer, so you would be giving up your right to claim this yourself. If he has the children three nights a week, you could offer to give him some of the benefits that you receive, but he would then need to be paying more of the costs for the children's living expenses.

HerBeatitude · 02/02/2010 20:10

If he earns £20K pa he will most definitely not get HB, you only get HB if you are on one of a number of specific benefits and tax credits are not one of them.

queenrollo · 03/02/2010 19:06

is this with relevance to the child element of working tax credits? he can claim just normal working tax credits anyway. The child element however is only payable to the parent in receipt of Child Benefit as Grandhigh has just said.

My ex and i have shared custody of ds, i signed over the Child Benefit to be paid to him when we separated so he that he could continue to claim the Child Element of Tax credits. He couldn't afford to pay the mortgage and bills without this, whereas i was in the fortunate position of not needing the help. In my situation though we all get on well and no money changes hands, we just agree between us who will pay for what when our son needs it.

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