Qs re non resident parent inc Childbenefit?

[Divorcestatistic]

I'm wondering if anyone on here can help me please.

If the non-resident parent does the bulk of the childcare, can they claim the child benefit?

Can you get child-tax credits if you don't live with your children ( I'm thinking not but I just need to make sure I have all the facts at my fingertips).

Can a non-resident parent later go on to challenge residency arrangements? For example if my new place is too small but I go on to get a home that's suitable to house my children?

www.hmrc.gov.uk/helpsheets/ch2-notes.pdf

these are the notes for filling in the form. It says If the child lives
with someone else but you pay towards the cost of looking after them and
both of you claim the benefit, the person who the child lives with will
usually get the Child Benefit

Ok thanks for that. I think you might be able to get it signed over though.

Oh and as non resident parent would I be expected to pay maintenance even though I earn 2/3 less?

The child benefit goes to the person with whom the child lives. If you share 50/50 residency you get 50/50 benefit. At least that's how it works for my friend. Not sure how it goes for a 50/20 split etc.

The proportion of your earnings to your ex-p's earnings doesn't matter. You can use the CSA calculator to see how much maintenance you should pay.

He won't ask me for maintenance but will I be forced to pay? It's not my decision to leave and I will continue to pay childcare costs and be responsible for childcare.

Sounds like you ought to see a solicitor quickly - unless you don't want to be the resident parent by your own decision.

It's complicated!. I have seen a solicitor who tells me not to go. But I'm being put under tremendous pressure to go and I can't afford court. Mediation starts soon.

I've got a lot of people supporting me but basically the financial situation is so difficult that I don't have many options apart from refuse to budge.

stalemate

Don't leave if it isn't what you want. If it isn't your decision why are you going?

child benefit can only go to one person so cannot be split 50/50.

The child benefit goes to the person with whom the child lives. If you share 50/50 residency you get 50/50 benefit. At least that's how it works for my friend. Not sure how it goes for a 50/20 split etc

Has the process changed? To my knowledge, getting 50/50 benefits relies on cooperation from the 2 parents - in other words, HMRC don't pay DM 50% and DF 50% - they pay 100% amount to the approved parent for Child benefit and expect some cooperation because they are deluded and haven't got a clue

In the context of a 50/50 arrangement, I believe they take into account earnings - in the sense that, if one of the parents in the 50/50 arrangement is eligible for Child Tax Credit, then they automatically get Child benefit as well. The logic being that the government want to ensure the child's standard of living is elevated at the household where the income is lower.

I think this is how it works....

In-laws have large amount of equity in the house so a being told I can't stay and live off their money

Am investigating whether this might be financial abuse

so can you leave with child/ren and rent somewhere instead?

I don't think they are in any position to tell you that. Is the house in your in-laws' names?

You really need to take legal advice on this. The solicitor has already told you not to go. Why are you considering going against this advice?

OP, from your other thread (apologies I know it's not etiquette but is v relevant here) you say you are joint mortgage holder with your DH and your DC's primary carer.

Given these facts, your solicitor is absolutely correct. Do not leave the house and most certainly do not leave your children.

I'm sure its not going to be easy for you but if you don't play smart now you run a very real risk of losing residency of your children.

definitely stay, listen to solicitor's advice especially since you are married. It could be that a sale of the house or you having to leave will not be until the children have left home.
The main concern is to give the children a stable base and uphold the status quo for them i.e. not changing schools at crucial points.
Don't be pushed into a position by stbex or his parents. Does he have a solicitor?
Don't roll over at the first push, definitely play smart, bide your time over decisions/agreements and take your solicitor's advice.

Definitely do not leave without the kids.