Shared residency but Child benefit

stevekittner

HI all,

3 months ago my wife and I split up after 5 years, she left taking my two young kids with her (2 and 3).

She has taken my name off the benefits for the kids.

We have recently agreed a 50/50 (all but a few hours) shared residency agreement. (in writing - signed by both of us).

but she is refusing to allow me to claim any child benefits or tax credits.

I am currently unemployed and am really struggling to get by on the £64 per week the government says I can survive on because this also has to pay for the kids to eat, cloth and buy nappies, etc

Is there anything I can do to get my share of any benefits? Can she really have all the money when she only has the kids for half of the week?

I have suggested that we claim for one child each - something that I am told by my solicitor is becoming increasingly popular - but she is stalling on this as she believes that she will loose rights for the child that I am the main carrer of.

What gives her the right to do this and not allow me to be a main carrer of my own children I DONT KNOW!!


My solicitor says that it may take months throught the court process to sort this out.


I just dont know what to do!!

kelloggs36

There can only be one claimant for the children - you can't get half each as far as I'm aware.

shell_542

It seems like the sensible option would be to claim for one child each ... but if your ex wont shift, then there's little you can do other than go down the court route and hope they are understanding.

montyrebel

contact the manager of each benefit that you want half of and set up a meeting and take along your copy of the writtern agreement, they should be able to help better than us. also talk to CAB, good luck

stevekittner

Thanks all for the replies.

I contacted the CB peeps today via email. Will get a response within 10 days.

will do the same with the tax credits peeps too.

Cheers

montyrebel

no offence but you need to do all this in person,it will get things done alot quicker

stevekittner

Hi,

I actually got a reply this morning - I was shocked!!

They basically said that if we cannot agree they will send out someone to assess the situation and give it to the person that they beleive spends them most actual time with the children - from what I gather this might not include sleep time.

Anyhow, my situation is looking better.
Had a chat with her last night and she has, in principle, agreed to split everything in exchange for more flexibility with out current arrangements for the shared residency - this will allow her to start work again. So its looking positive.

Zara33

stevekittner wrote: »

Hi,

I actually got a reply this morning - I was shocked!!

They basically said that if we cannot agree they will send out someone to assess the situation and give it to the person that they beleive spends them most actual time with the children - from what I gather this might not include sleep time.

Anyhow, my situation is looking better.
Had a chat with her last night and she has, in principle, agreed to split everything in exchange for more flexibility with out current arrangements for the shared residency - this will allow her to start work again. So its looking positive.

Good news! best of luck.

Dancing_Shoes

stevekittner wrote: »

Hi,

I actually got a reply this morning - I was shocked!!

They basically said that if we cannot agree they will send out someone to assess the situation and give it to the person that they beleive spends them most actual time with the children - from what I gather this might not include sleep time.

Anyhow, my situation is looking better.
Had a chat with her last night and she has, in principle, agreed to split everything in exchange for more flexibility with out current arrangements for the shared residency - this will allow her to start work again. So its looking positive.

I really hope you manage to work this out between the two of you. This will be much better for the children rather than a bitter battle in the courts. Good luck