Parents splitting up, can we split (child) benefits?x

JACKIEH

Hi there, I am a newbee so not sure if this kind of question has been asked before.

The thing is me and my partner are seperating. We have 3 young children (2 eldest arn't his but the youngest is) Anyway we have a mortgage on our house but he's the one that works and gets a decent wage so I can't afford the mortgage etc alone, we have decided it will be best if I find a private rent and move out. He doesn't want me to have our youngest child full time, he wants joint custody so we have her as much as each other. I obviously will be taking my 2 sons to live with me full time as they aren't his.

So I'd like to know where I stand with Tax credits and child benefit. I will need to get a private rental with 3 bedrooms as my daughter will need her own room when she is with me. I have rang my local housing benefit office today (I work part time so may be able to get some help towards rent) and they said as long as I am claiming child benefit for my daughter they will allow a third (extra) bedroom on my Local Housing Allowance which is great but I would like to know if I do claim the child benefit is it possible for her father, my ex, to claim child tax credit for her? Because he will have her just as much as me I don't want him to loose out. We still get on very well and don't want to hurt the kids as they are so young so need to stay friends.

Thanks so much for any advice.
xxxxx

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

Something to think about whoever gets the CB can legally claim child support from the other parent.

Oldernotwiser

As the split is amicable, can't you just split the CB/CTC informally?

karenx

If you get the child benefit your ex partner cannot claim the tax credits for her.
Work out how much in benefits you get just for her then maybe set up a standing order for half that amount to go to him each week

JACKIEH

DX2 you say that child tax credit is NOT dependant on the reciept of child benefit, but then others suggeat otherwise (unless I am reading it wrong) The reason I am wanting to do it this way is because my daughters dad wants to have her most of the time, probably nights but me have her through most days/afternoons. He will be sorting and paying for the childminder she already goes to so he would need the tax credits help with that, that's why I think he should claim the tax credits, I would be happy for him to claim the child benefit also but the housing benefit have told me that I need to be claiming child benefit in order to get the room allowance for my daughter to stay over. I'm really stuck with this one. Now I have explained more does anyone know what I can do?
Thank you so much for your time and replys.
xxxxx

DX2

JACKIEH wrote: »

DX2 you say that child tax credit is NOT dependant on the reciept of child benefit, but then others suggeat otherwise (unless I am reading it wrong) The reason I am wanting to do it this way is because my daughters dad wants to have her most of the time, probably nights but me have her through most days/afternoons. He will be sorting and paying for the childminder she already goes to so he would need the tax credits help with that, that's why I think he should claim the tax credits, I would be happy for him to claim the child benefit also but the housing benefit have told me that I need to be claiming child benefit in order to get the room allowance for my daughter to stay over. I'm really stuck with this one. Now I have explained more does anyone know what I can do?
Thank you so much for your time and replys.
xxxxx

My post is the HMRC guidelines so those saying you can't get one without the other are incorrect.

gravitytolls

You sound like a lovely couple of people ~ maybe rather than splitting the child's time and CB, could you not consider counselling to try to resolve your relationship issues (assuming no one else is involved)?

Sorry, I'm not sticking my oar in for the sake of it, you simply sound like lovely parents, and I'm sure it would be better for your daughter not to sleep in two different beds for half of each week and for the boys to know their sister isn't just a part timer.

Anyhoo, I think your benefits question's been answered, and I hope I've not caused offence ~ I wish you luck in the future.

JACKIEH

Thank you DX2 you have really helped me thank you so much.x
Gravity you have not caused offence at all, thank you for your honesty! I know where you're coming from, there is no1 else involved (thank God cos I have been cheated on before by other men in the past) It's just that we have kinda grown apart. We still love each other to bits, we are best friends but after been through simelar sort of situations with other relationships in the past we know that shouting and getting the kids upset is not the way to go. Maybe it's a case of needing space apart, I have been through a lot in the past few years, my mum died, I've had depression and now am very anxious and depressed. I guess I'm kinda wanting a break with just myself to get myself back together you know what I mean? I don't think I can sort my head out while he is there all the time, as much as he tries to help and unedrstand it's just not working for me. I'm truley hoping that a split will bring us back together in the end, I think otherwise things might turn into a dark place (all my own fault because of my mental state) but I just want to go through it and not involve the kids. It's so hard to explain. That's why he wants our daughter with him most times, incase it gets too much for me and I agree. xxxxx

JACKIEH

DX2 where can I find these guidelines for reference pleae? Do you have a link? Thanks again xxxxx

DX2

DX2 wrote: »

http://www.hmrc.gov.uk/manuals/ntcmanual/applica_appl_wl/ntc0050230.htm

Link ^^^^^

JACKIEH

Thanks again DX1 God bless you for this, I can't tell you how much this has helped me even though I've only been on here a few hours! I don't feel so alone anymore, thank you xxxxx