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Child Benefit

7 replies

robbie1980 · 29/01/2016 09:38

My ex-partner and I have a court order regarding care of our daughter. It states she lives with both parents. She stay 3 nights every week with me and 4 with her mum. I've never thought about child benefit, but it makes sense to my daughter should be entitled to have 3/7 of the CB spent on her when with me. Is this something I should pursue? I rang HMRC last night and the lady I spoke to suggested I made a rival claim. I don't know how much of an expert she was though.

Does having the 'lives with both parents' in a court order make a difference?

Thanks

OP posts:
diploddycus · 29/01/2016 09:42

As far as I'm aware because she lives with her mum more than you, you wouldn't be entitled to claim the CB for her. Only one patent can. Your minimum child maintenance amount will be lower to account for the nights she spends with you however.

VimFuego101 · 29/01/2016 09:44

If she stays more nights with your ex, then you are not entitled to the CB.

Babyroobs · 29/01/2016 10:41

Child benefit and child tax credits ( if eligible) are only paid to one parent, the one whom the child lives with the most. It does seem unfair if yur daughter is with you nearly half the week, perhaps you can discuss with your ex whether it could be split. If your ex claims child tax credits for your dd too then it does seem unfair that she gets both. Do you pay maintainence too even though you have her almost half the week ?

robbie1980 · 29/01/2016 10:52

Thanks. Yes. Have the pleasure of paying £70 a week. I don't think i would qualify for tax credits, but feel a share of the CB - to be spent on our daugher - would reflect the 3 - 4 split.

OP posts:
Babyroobs · 29/01/2016 12:38

I'm not sure why you should have to pay maintainence when she lives with you almost half the week . Do you get a reducation in maintainence for having her 3 nights.

robbie1980 · 29/01/2016 12:53

The amount I pay reflects the nights I have her. I really wouldn't mind, but she turns up in worn clothes. The money is not been spent on her.

OP posts:
Helennn · 29/01/2016 21:30

My daughter often wears leggings with holes in them - because they're her favourite. She has lots of brand new clothes in her drawers that I've bought that she refuses to wear. Maybe your daughters the same. I refuse to force my daughter into clothes she hates so that she can go to her dads and he can parade her around like an ornament, he is more interested in her looking pretty than how happy she is. And there's a lot more to spend money on than the clothes they wear, that is only a tiny part of it.

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