tax credits - deciding the primary carer

[percythehamster]

I wonder if anyone can please help.

Yesterday I received a letter saying that my husband disputes that I am the primary carer and that he wants to either claim all or half of the child tax credits.

Nearly 2 years ago he was made redundant, he's not really looked for work since and so I went from being at home looking after the babies for 4 years to working 3 jobs around the clock to financially provide for my family. He was earning £45-50k, I went on to earn £12-14k!! We agreed he should be working as I gave up my 30k career to have the children, he now says he won't work. Anyway, that's an aside.

2 months ago we separated, we still live in the same house. As he doesn't work my solicitor advised that I would either have to give up work or work evenings from home on my laptop in order to regain my position as primary carer. So that when we are divorced the courts won't look at him as the only one capable of caring for our children.

Is it unreasonable of me to expect to have this money? I currently pay the mortgage, council tax, all the food and then 1/2 of all other bills. Yesterday he landed me with a £695.10 gas and elec bill (he's not paid it since December). Did I mention that he had full control of our finances for 8 years without letting me see a single bill or statement?

Advice? PLEASE....
Thank you.

For child support and benefit purposes the parent with the majority of care entitled to claim is the parent in receipt of Child Benefit. CB, child maintenance and tax credits are payable to one parent only and cannot be shared although, of course, parents can make any arrangement they wish between themselves.

If you are in receipt of CB your husband could make an application to have it paid to him and the DWP would investigate to determine who is the parent with the majority of care if it is contested.

Thanks STIDW, this is what has happened, he has made this application. The trouble is that I don't know who would be seen to have the majority of care. He works away from home 3/4 of a day a week, I work away from home for 1/2 a day a week, mine is whilst dd is in nursery, his isn't. Other than that we are both at home aggghhhh. How will they work that one out?

I'm confused - in your OP you say he doesn't work, in the last post you say he works away from home for 3/4 of a day a week? And you say you are (were?) working 3 jobs around the clock but in the last post you were away from home 1/2 day a week? do you work from home a lot then? Who looks after DD when you do this?

How long do you work in a week and how long does he? are you earning more than him now?

Unfortunately the "majority of care" definition doesn't necessarily tie in with "majority of cost". You could find he ends up entitled to CB but not paying out, as you are in the same home still. The CB definition assumes the parent with care has the kids living with them as thus incurring the cost.

Sorry to confuse. He has only just got a job for 9-3pm one day a week at my dd's school. The rest of the time he is at home.

When my solicitor advised this situation of primary carer I adjusted my roles and am now working from home in the evenings when the girls are asleep and then just 9.30am-1pm once a week when my youngest daughter is in nursery. It is all a bit confusing. I expect I probably earn a little more but I'm paid hourly and only £8ph, so not exactly on the career path!

Thanks for your help, didn't want to mis-lead, just trying to keep my post short so as not to be a bore

Would you consider shared care 50/50? And then split the tax credits and family allowance between you.

Sigh - yes at worst I suppose. Just means I have to stay in this town. Selfishly I would really like a new start.