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  • FIRST POST
    glastowinebar
    Joint custody
    • #1
    • 3rd Dec 07, 4:14 PM
    Joint custody 3rd Dec 07 at 4:14 PM
    I'm not sure if this subject has been brought up before(probably has but there's too many post to go through!)

    I have joint custody of my children and see them exactly 50% of the time over the year...4 days one week and 3 the next.

    My ex wife gets all the child benefit and all the tax credits ....I used to get £40 a month but they told me sometime ago that they have a different way of calculating it now and that child tax credits can't go to both parents, so my ex got my £40 plus I had to pay back everything they had paid me!

    To be honest I have never contested this and neither do I want to as I don't pay maintenance but pay for everything the kids need direct..ie clothes, school uniform, trips...everything really

    I'm just curious to know if any other joint custody parent split their child allowances and if its paid official or if it's unofficially done between both of you
Page 1
  • Mr Green Genes
    • #2
    • 3rd Dec 07, 9:20 PM
    • #2
    • 3rd Dec 07, 9:20 PM
    The law doesn't allow benefits or CTC to be split. If done, it would have to be done as a private arrangement.
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  • enemes
    • #3
    • 3rd Dec 07, 11:44 PM
    • #3
    • 3rd Dec 07, 11:44 PM
    There is no official way of doing it. One parent gets the CB and CTC ... end of story.

    The other concern is, should she start to go through the CSA, then figures do matter. Although you share the children 50% of the time, the CSA will take into account earnings. So, if you out-earn your ex significantly, you will end up paying more to her, despite the 50/50 share ... I know, its the system!

    Nonetheless, always something to have in the back of your mind ...
  • Strapped
    • #4
    • 4th Dec 07, 10:00 AM
    • #4
    • 4th Dec 07, 10:00 AM
    I got some useful advice to a similar query here:

    http://forums.moneysavingexpert.com/showthread.html?t=590029

    Apparently it is possible for one parent to claim CB and the other to get the CTC. Useful to know, since presumably the one not in receipt of CB is the NRP for CSA purposes.
  • glastowinebar
    • #5
    • 4th Dec 07, 4:08 PM
    • #5
    • 4th Dec 07, 4:08 PM
    Thanks all that is interesting, as is that thread you directed me too strapped thanks
    • macaroni
    • By macaroni 4th Dec 07, 5:22 PM
    • 432 Posts
    • 268 Thanks
    macaroni
    • #6
    • 4th Dec 07, 5:22 PM
    • #6
    • 4th Dec 07, 5:22 PM
    You could claim child benefit for 1 child or half the children so in theory you get the relevant tax credits
  • The_Daddy
    • #7
    • 10th Dec 07, 12:27 PM
    • #7
    • 10th Dec 07, 12:27 PM
    Glastowinebar - you are in a very similar situation to me - shared care.

    Unfortunately it seems that we are unusual and therefore the way the legislation is written doesn't really work for us.

    The CSA, if involved, do not deal with the concept of shared care, there is one PWC (Parent with Care) and one NRP (Non resident parent), this applies evevn with shared care (doesn't make sense at all).

    The PWC is the one who receives the child benefit, and I believe that the legislation back in the 70's stated that this should be 'the mother' - amazingly sexist, but true.

    Therefore in your situation you are the NRP, and your ex is the PWC.

    That would mean that if she chose to go to the CSA she would get awarded 7.5% of your net income less £7 per week (half the Child Benefit). This is 15% for one child reduced by 3.5/7s for the avg days per week you look after the child.

    It is completely unfair, and discourages shared parenting and 'good' dads - but that is how it is written.

    You can get ridiculous situations with this poorly though out formula - for example.

    Example A
    Mum - earns £100k per annum, has Child 3 nights per week
    Dad - earns £50k per annum, has Child 4 nights per week
    Result = Mum receives approx £275 per month (£200 = 3/7 of 15% of net income) + child benefit

    Reverse the sexes and you get

    Example B
    Dad - earns £100k per annum, has Child 3 nights per week
    Mum - earns £50k per annum, has Child 4 nights per week
    Result = Mum receives approx £575 per month (£500 = 3/7 of 15% of net income) + child benefit

    So either way, the Mum gets money, the Dad gets nothing. Nothing to do with who has the child how much, just to do with who gets the Child Benefit (which has to be the Mum!)
  • hobo28
    • #8
    • 10th Dec 07, 4:18 PM
    • #8
    • 10th Dec 07, 4:18 PM
    The current formula might not be fair to all but its a damn sight easier to understand and I would suggest fairer in MOST cases to the majority of families.

    The old system was overcomplicated, impossible for anyone to understand and probably was the root cause of the CSA's issues. Now at least we know where we stand.
  • The_Daddy
    • #9
    • 10th Dec 07, 4:28 PM
    • #9
    • 10th Dec 07, 4:28 PM
    The current formula might not be fair to all but its a damn sight easier to understand and I would suggest fairer in MOST cases to the majority of families.

    The old system was overcomplicated, impossible for anyone to understand and probably was the root cause of the CSA's issues. Now at least we know where we stand.
    Originally posted by hobo28
    Correction - the current system is fair if you assume that the Dad is a stay away Dad or a weekends only Dad. It is completely unfair if you are a Dad who wants to be involved in the upbringing of your child.

    The current system is better, but it is still very bad. Why not just use the Austrailian system which uses a % calc on both parents income and offsets them, so 50/50 care equals 12% of Dads net income minus 12% of Mums net income = maintanence.

    The current system discourages shared parenting which is a terrible thing in my view.
  • hobo28
    Yes sounds ok in theory and you'd be a happy camper. But then the mum who has taken on the ex-family home, large bills as a result but earnings wise is roughly equal to ex who is now living with his new GF and no real bills so loads of disposable cash. That person would now be posting here complaining how the system is letting her down.

    But I agree that the current system is very adversarial and doesn't help. I hope the new incarnation of the CSA is better.
  • The_Daddy
    Well there is a whole other topic for discussion - why should the ex wife get the house, and those bills if shared care is in place.

    But its slightly off topic, as that would all be dealt with in the divorce.

    Also its a bit of a generalisation to say the man is "with new GF", a lot of Dads don't cause the breakup in the first place, but seem to get a raw deal on everything regardless of that.

    Anyway main point is that the current system is obviously flawed and should be fixed.

    Just look at the scenario of 50k each and shared care - both parents have equal costs to bring their children up, have the same disposable income, yet the father has to pay the mother £270 pcm, she gets £80 in child benefit and the Dad gets nothing (other than the negative £270). :confused:
    • Rikki
    • By Rikki 10th Dec 07, 7:13 PM
    • 20,645 Posts
    • 21,747 Thanks
    Rikki
    You could claim child benefit for 1 child or half the children so in theory you get the relevant tax credits
    Originally posted by macaroni
    That's a good idea and workable too.
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  • glastowinebar
    "But then the mum who has taken on the ex-family home, large bills as a result but earnings wise is roughly equal to ex who is now living with his new GF and no real bills so loads of disposable cash. That person would now be posting here complaining how the system is letting her down."

    what a load of nonsense hobo...you really are a generaliser aint you

    I took on the family home and the huge bills while ex went off with her boyfriend

    deary me

    on another note the CSA were involved in the early days,they wanted a huge amount of money, even though I had joint custody...I wrote to my MP who was outstanding, he wrote to the CSA with a covering letter from my wife saying that she wasn't interested in maintenance as I paid for everything the kids need anyway

    result? a fairer, more harmonious custody of the kids
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