Sharing the benefits?

[Professor]

If a divorced couple have the DCs 50% of the week each, is it legally fair that they both receive half of benefits, such as child benefit and tax credits?

yes

So how does that work exactly?

ATM the mother is claiming all benefits as she claims she is the main care. But the father actually has the DCs half the week.

Does he have to make a claim for tax credits, etc, as the main carer?

Confused.

I don't know, Professor.

I'd suggest talking to the citizen's advice or suchlike

sure start centres/childrens centres often have benefit advice sessions so i would check your nearest ones

Is it fair? yes.

Does it happen? No.

Basically in this country it works like this.

Whoever has the child benefit is deemed as far as the benefits go to be the main carer.

They will get all the benefits due to them. Child benefit and tax credits cannot and will not be split, despite the father having 50-50.

If you dispute that, then you can apply for the child benefit and they will make a decision based upon the pattern of where the kids stay, the registered address for the childs home with doctors, schools etc, who has them when the kids are ill.....and the impact of benefits if CB was removed.

Like I say, this is not about what's fair. The above is about what happens.

Does you ex work? Do you pay any maintenance? Also who buys shoes, clothes, pays for school trips, etc?

I THINK that if you have two children you can register them separately, so the mother can be the main carer of one, and the father the main carer of the other, but check that - it is a vague memory of having read it in a leaflet somewhere.

I could very well be mistaken.

There is a petition about this also:

www.cb42.org/

I think with the tax credits it could be more complicated as its based on the persons income thats claiming.
Unless of course they have similar incomes.

"What happens if a family splits?
If a family splits up you can get the higher rate for the eldest child you qualify for Child Benefit for.

For example, you have two children and one stays with you, and the other goes to live with your ex-partner. You'll get the higher rate for the child living with you. Then if your ex-partner claims for the other child, they'll get the higher rate for that child. But if both of you decide to claim for the same child, only one of you will be able to get Child Benefit for them."

From here:
www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/Childbenefits/DG_073828

Some good advice here, thankyou will definitely have a look into the link.

DH and his x have 50/50 care but his wife recieves the child benefit.
She is responsible for the majority of their "bills" like school trips, uiform etc.

but when the new rules come out neither of them would qualify for them.

Sorry, what new rules, and why will neither of them qualify?

I assume fang means the fact that if there is a higher rate tax payer in the family then they will no longer be entitled to CB.

You can split the kids and register one with each parent. However, often one parent (the one who's currently getting ALL the benefits and maintenance) will refuse as they have everything to lose and nothing to gain.

They can't be forced to do this then?