child benefit and tax credit

sinbad19

hi , my wife and i have a 6 year old son. we split in june . since this day she has changed the family tax credits and child benefit into a single persons claim and moved into her parents house. we both have joint custody of our son. one week i have him for 4 nights she 3 abd the week after we change were she has 4 nights and me 3. for last 6 months ive been struggling financially and still been trying to do stuff with my son. onthe other hand his mother has all of a sudden found herself with a lot of cash ( she pays no bills in her parents) and she goes out a lot on the nights she doesnt have our son. ive asked her for a share of HIS benefits but i just get told she gets what shes entitled to then its common for her to threathen me with courts over access. My wife has 2 other children from another relationship. 2 children i spent 7 years bringing up as good as my own, anyway for last 7 years the access the children have with there father is the same as i had ( i had to fight for same terms) and my wife always gave him a percentage of the benefits.My question is am i entitled to any of the family credits of family allowance? it just seems unfair that one loving parent gets everything while the other loving parent gets nothing. Seems to me that on any other subject equal rights come into place but regarding the benefits of your child a male becomes a second class person.

DX2

There are several factors you need to consider when deciding who has main responsibility for a child or young person

• Where they physically live

• Any court orders in force covering arrangements for their care

• Their official address

• Where they go to school and who the school regards as the person to contact

• The location of their doctor and whose address is registered with the doctor

• Where their personal possessions are kept

• Where they stay when they are ill

Where the main responsibility is finely balanced you may also need to take account of the financial effects on both parties of awarding or denying entitlement and whether the decision might impact on the ability to provide assistance and maintain contact.
Note: When you are looking at disputed or shared care cases, you must not use Child Benefit as a determining factor. The receipt of Child Tax Credit is not dependent on the receipt of Child Benefit.
http://www.hmrc.gov.uk/manuals/ntcmanual/applica_appl_wl/ntc0050230.htm

sinbad19

hi thanks ,

my son lives with me at my house ( the marital home which my wife refuses to live in and she wanted to get it repossessed with her bankrupcy) when with me and with his mother when with her.

if i was to give my address into schools and doctors she would just get into contact with them and make up a story . she would also threathen me with access rights.

personal possesions are equal , we both buy him clothes toys etc.

if he was suddenly ill while with me he would stay with me and vise versa.

i am trying a fine balance . im not even asking for 50% of the benefits that she gets for my son just a portion or at least equal to what the father of her other children get pro rata. but as i said she has the ball in her court on everything

DX2

The benefit system isn't really geared up for shared care, you won't get that fine balance that you are looking for I'm afraid.

sinbad19

THANKS FOR REPLIES . I DONT want to go to her level and cause compications. i suppose i can live with the knowledge that i see my son 50/50 on my own merit and hard work. Judging by the current government she probably wont get benefits that long anyway