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Tax Credits and Sharing Custody

3 replies

nat394 · 07/09/2012 18:31

Hello
I moved out 3 months ago with my children. Me and my partner had been together 6 yrs and imn all those years he had never worked it had always been me. He also did nothing much else and I couldn't be with him any longer we split. He is the father to my son 5yr but not my daughter 7yr.
My problem is that he seems to think we share redidence of my Son. My son stays with his dad three nights a week (when his dad chooses) we have no legal arrangements in place as of yet. Since my ex has started working for his dad so he could pay the rent (I paid everything when we were together).But it's only 20hrs a week and he can't afford to pay his rent apparantly without help.
He wants me to share the Child Tax credits and child benefit that I receive for our son. I have been paying him half of what I get for our son but it leaves me struggling a bit. I work hard fulltime but for low pay and i get a very tiny amount of help from housing benefits ( which i am really grateful for as it helps). I have just stopped paying him half of the tax credits and he says it's completely unfair because he thinks he needs it so my son had somwhere to stay when he stays at his dads.
I recently had to buy the kids uniforms and everything they need for the new school year and he did't want to put to for our sons stuff because he said he couldn't afford it ( this was when i was still sharing tax credits with him)
Apparantly I should be getting child support from him anyway?
Am i being fair, should I continue sharing the money with him??

OP posts:
marriednotdead · 07/09/2012 18:54

Presumably your tax credits were reassessed when you moved out? They are for you to top up your earns and maintain your DCs. Not him!

He is effectively a single man who shares care of the DCs. The amount of days he has them will be reflected in his CSA bill.

He sounds like a self entitled knob that you are well rid of.

snigger · 07/09/2012 18:59

Tax credits are targeted at the child or children involved, generally being granted to the parent agreed to have majority care.

There is no obligation for you to hand over tax credits if you are the recognised claimant - this is cut & pasted from the HMRC website :

If your child lives with more than one person

Only one household can get Child Tax Credit for a child.

You might look after a child who sometimes lives with you and sometimes lives with someone else. You can't both get Child Tax Credit for the same child, so you'll have to decide who should get it.

You can't claim Child Tax Credit if your child doesn't live with you at all - even if you're paying maintenance.

If you can't agree who'll claim

If you can't agree who'll get the Child Tax Credit, both of you should claim for the child. Then the Tax Credit Office will decide for you. They'll contact both of you so that they can work out who has main responsibility for the child. They will consider things that include the number of days the child lives with you, and where they keep most of their clothes and toys.

If you're already getting Child Tax Credit for your child

Someone else might make a claim for a child you're getting Child Tax Credit for. If this happens, the Tax Credit Office may ask you to tell them why you think you have main responsibility for that child.

If you can't agree who should get the Child Tax Credit, the Tax Credit Office will decide for you. You'll still keep getting paid while they make their decision.

nat394 · 07/09/2012 19:43

thankyou marriednotdead He is a knob! he just keep playing the "he lives with me half the week" card which he does stay there 3 nights so i end up all confused, he was very controlling when we were together!
Thank you snigger my son doesn't even have a rpoper bedroom at his dads house he uses it to fill with junk and our son sleeps in his dads bed. He's incapable of washing clothes so most of our sons stuff is at my house in my sons own bedroom with all his toys and a lovely tidy space of his own.
I thinks it's pretty clear he mainly lives with me but his dads always saying that i'm not the main carer because the kids stay at my mums when i work lates i need to shake him out of my head!

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