A complete Mess

Fran

***Boardguide comment***

radaas,

I am closing this thread for the Forum Team to look at.

Former_MSE_Forum_Manager

I'm going to reopen this thread although I believe Fran was entirely correct to flag it with the team for us to view.

I do believe that generally this is a productive thread being discussed in a sensible manner and would hope it continues to be so, however I must add a warning that "being creative" in order to maximise benefits leads us into worrying areas and that really isn't what this site is about. Can I just urge everyone to be careful on that topic to ensure we do not need to close this thread permanently.

radaas

It is just unfortunately the grey area that i find myself in, and both outcomes as you can see can be justified.
Honestly i wish everything was more black and white, it would make my life a hell of a lot easier.

I know that wisewoman suggested going to see a citezen advice, but as i am at the moment working 9-5 cant.
is there a way to contact them online? if so how has experience been doing this?

Fran

radaas wrote:

Couldn't i still say i was the main carer so that the CTC would not be affected and that we will get the WTC.

No, that would be untrue and fraudulent.

radaas wrote:

I will be calling the tax man to tell them i am in a couple even though i am not in the way it is defined by them but am in the way of common sense.

But you are not a couple. You say so here:

radaas wrote:

then i plann to take 2 weeks off to get my litlle one sorted as they will be moving to a new place he's had 2 familys fuss over him for the past 2 months and would be such a shock to him to suddnely be in a new place with just his mum

radaas wrote:

I have a 3 year old son who lives with his mum, she is also in University.

It is quite clear from what you have posted that you are not a couple; you don't live in the same house. If you manipulate the situation in order to claim benefits you could be done for fraud, which is a criminal offence, and then you'll be in even more of a mess.

She will be a single parent as far as they are concerned because you don't live together and she will have the main care and the benefits she can claim have already been suggested. She will have to claim Child Benefit though, I suggest if she hasn't already that she applies and that you write a supporting letter or it could take ages to sort out.

As a single parent she will be able to claim Income Support during holiday times and won't have to look for work.

Re your debts and the best way to handle them, perhaps it would be better to treat them as a seperate issue on the Debt Free Wannabe board?

Any claim by her for Income Support will mean the CSA will be involved and you will be asked pay up, she will only get £10 of this money, unfair, yes, but she needs the security of Child Tax Credits and Income Support when her income is low for your child.

On the other hand if you think there is a possibility you could live with her again why not look into counselling or something?

I know it's complicated but you really can't be pretending one thing one minute and one the next, they will catch you out.

lil'H

your question regarding WTC and whther your hours would be divided into two if you were a couple, basically no. WTC etc helps cover chidl care adn other costs for working parents, thee is a big difference if only one person is working compared to two. UNfortunately I know from expereince unless your ex is working 16 hours (unlikely as also a student and parent) she won't get any WTC.

Also just to reitterate what other people have said, you are not a couple in terms of claiming any financial award from anywhere, it also sounds like you are not the residential parent, therefore you should be paying maintence and she should be claiming tax credits etc. Perhaps it would be best if she just claimed what she was entitled to adn you arranged to pay her maintenence. I understand there is still emotional attachment, and you are still an active father but you are officially NOT a couple, nor are you the parent with residency, therefore you do not have a resident child for whom you can claim the WTC.

hope this helps, hon I know you wnat to help your ex/current gf, but if you start playing around with who should claim what it's more likely her that will get into problems, especially if she's claiming any housing benefit etc.

If you "be creative about your circumstances" as you put in your earlier post,chances are they'll find out and will believe she was a part of it. Ultimately she could loose her benefits etc. Set up a maintenence payment, and keep all your finances seperately otherwise, for all your sakes.

lil'H

radaas

Thankyou all for your help, i think what i have decided to do is that at the moment everything is alright as look after him more so am the residential parent so to speak , so there is no legal worries there.

However i will change it across to her and we will say that she is the main parent. This may mean losing WTC but it does mean tha she willhave no problems (hopefully with her getting HB).

Though as they dont move away for another 3 weeks to a month i might actually keep it on stating i am the main parent till november.

Simple reason is that with the Bt that i am doing for her and the costs of all moving in both of us are gonna be financially crippled for the next 2 months, (rent is looking like £725 she's gonna secure the place tomo) and the loss of the CTC of even a short period of time in this period could make a bad situation worse.

Well now thats all sorted i guess, now to see about the whole CSA thing, i really dont want to get invloved with them as i have read many stories even on here about them, but i guess thats for another thread, huh

:T thanks everyone that contributed

Edinburghlass_2

If you are both short of cash why are you paying the Child Benefit into an account and not touching it

Child Benefit is there to help pay for the child's upkeep, saving it is a luxury neither of you can afford.

bonnie_2

give me strength, did you not listen to lil'h you are not the main parent, the mother is, you can't keep swopping it round to suit you.
Unless you have a court order stating you are the main parent, the mother always is, she claims the child benifit. Therefore you cannot claim wtc.

radaas

Like i said before at the moment she is not the main carer she gets him 3 days a week some times even 2.

Regardless of the fact that he was born after dec 2003 so though i may not be considered in equal standing to his mother, but then i look after him far more then she does.

Going back to what you are saying
"Unless you have a court order stating you are the main parent, the mother always is"

So in my situation i look after him a lot more, and yeah you can say that, but then shouldnt your argument stand also if the mother is absent completely? I think not.

Also noted before, there was no problem with claiming WTC 2 years ago and they were fully aware of our circumstances.

SO me claiming is not a problem when i am the main carer, which is a notion you seem to be attacking.

I fully understand that as they will be away and she will become the main carer we will no longer be eligible for WTC but what i dont understand is the fact that you seem to have a big gripe with the fact that i can claim WTC at all?

lil'H

You mentioned CSA, unless she is on income support (which her student loan would mean she wasn't entitled to anyway) you don't have to use the CSA. Type up an agreement, both sign and have lots of copies, then set up standing order. She can use that for Housing Benefit, if she sends them the agreement, and bank statements which show the standing order they will be fine with that. (You may not need the agreement, me and ex did one just to be on the safe side.) YOu do not have to use the CSA if you can come to your own agreement. However for CSA purposes they would take 15% of you NET wage, so that may be a good amount to base an agreement on, howeve rif you continue to have your child overnight on a regular basis they may reduce that.

lil'H