Query regarding main carer payments.

[Professor]

Friend of mine has been divorced for about 10 years.

His ex wife lives with her partner and is the 'main carer' of their 2 DCs aged 14 and 16.

Friend has always had DCs at weekends which has worked well. About a year ago his ex suddenley demanded that he have DCs more often. He basically has them 50:50 over the week now. This is ok but she gets all the child benefit and tax credits.

As he now has DCs more often can he claim half instead of her getting it all?

Tax Credits and Child Benefit can only be awarded to one household for each child. They cant be split half and half.

If he has them exactly half he could approach his ex about them having one child's TC & CB each.

Or if he has them more than half he could apply for both.

Did he pay towards them when he had them only at weekends? If not, the decent thing to me would be to leave things as they stand to make up for the 9 years which he didnt contribute for.

massive assumption there! How do you know he hasn't contributed for the last 9 years? Not quite what the OP said.

Yes he makes payments through CSA AND gives them money for clothes, holidays, etc.

His ex would NEVER agree to splitting the money. But she expects him to have DCs more and more. Don't get me wrong, he loves them but he works shifts and sometimes they are in his house alone, as he is at work. Ex knows this, but just seems to want them at his house as much as poosible, whist she gets all the money.
Example: Half term hols, they finish school on Thursday, go to his house. Go to her house following Tuesday. Go back to his house on Thursday. Will stay there until Sunday (tommorrow evening).
So what can he do?

Wasnt making an assumption, that's why there was a question mark at the end of the sentence.

Well, he could put a claim in for CB and TC. If there's a dispute over who should get it then both parents are asked to complete a questionnaire about who does what for the children.

For example, who would take them to docs if ill, who buys school uniform, what nights they spend where etc.

If every week is similar to half term then shouldnt be a problem with him being awarded them both.

And if the ex doesnt want to lose her cash, she'll choose for them to go back as it was before.

In the meantime he should also notify the CSA, as the more nights spent with NRP the less they would have to pay.

Thankyou ballstoit, did not mean to come over huffy. Just feel this is so unfair on his part.

It really is. And he doesnt feel able to question it in case his contact gets reduced. Would be better for kids if money was going into the home in which they are spending their time.