Ex partner stealing Child Tax Creidts and Family Allowance

bayness0

Hi,

I don't know if anyone will be able to help but it never hurts to ask.

My ex wife has left the family (rented) home and the children are staying with me as they want to live in our home. She is coming up with some excuse as to why she wont come to the house.

I applied for tax credits and the family allowance waited the 3 weeks for them to process the tax credits claim only to discover my wife is claiming the tax credits (family allowance is in her name, but I have sent off CH-2 form, a 12 week process).

So my wife is stealing the child tax credits and family allowance I need to feed and clothe my children. I have spoken the the benefit office and they just send forms out, the police and they can't do anything (civil matter). Does anyone have any advice on where to turn next as we have no money, no income and my wife is refusing to hand over the benefit.

renegade

I think you would need to furnish some proof that the children are in your care and you are solely responsible for them via a solicitor perhaps? then re-apply for the benefits with the necessary documents.

MCGONIS

Hi. That is a terrible situation you are in. I mean what kind of person would continue to collect payments meant for bringing up children and would not pass them on?

Really awful and I feel for you. You have to telephone the Child Benefit Centre at once and let them know you are responsible for the children. Tax Credits are seperate and although they are paid by the same agency, both benefits are completely seperate and require you to do all the notification.

Good luck. Also it may help you to know when speaking about your situation, that there is no family allowance. Just Tax Credits and Child Benefit. - Just incase people get confused about what you mean.

Bye for now.

FBaby

What a selfish person she is. Does she contribute any maintenance? Does she pay any common debts, mortgage etc...?

I understand that you can get this overturn but it might take some time if she isn't going to do it herself. You need to start with child beneft (I assume that's what you mean by family allowance) as after that, it will be straight forward with tax credits (as much as it gets applying for them anyway!). You will need to show CB that they are now living with you full-time and not with your ex-wife.

I would continue to insist on her that she hands it over. What her position as to why she doesn't at the moment?

jetplane

You don't say whether you are working or claiming any other benefits but there is no fast way to claim Tax Credits and Child Benefit if your ex is not co operating.

You have already started he process for child benefit and know that this will take between 12 and 16 weeks. The change over of claims is a slow process (even in ases where the ex has already given up the claims). The IR will need to establish who has the children, the form that you have completed is the start, they will also write to your ex. Tax Credits will probably wait until the Child Benefit is in payment but they should start the process when you make your claim.

It is common practice for other benefits eg. Housing Benefit, JSA or Income Support to look at who gets the Child Benefit when calculating a claim but you can write a statement stating your responsible for the children. You do not need solicitors letters to prove you are caring for them.

Other than that you can go to social services to tell them you need help to feed your children. They can issue vouchers or emergency payments.

marmitepotato

The CSA should be your first port of call.

Mojisola

Report her for benefit fraud.

skibadee

Disgusting......NO parent should be in this situation, you really need to report her for benefit fraud and have prove ready to show that the children are living with you and you are the PWC.
Definetly contact the CSA.....though if your ex is not working I doubt you will get any payments...but at least a case will be opened.

Try contacting your local CAB, and maybe visit your local Social Security office in person....explain the situation etc.,.....( don't know if they'll be much help....but if you have no money their worth a try).

skintandscared_2

I'd just contact the benefits office. Get them to stop the benefit going to her and re-route it to you. Hopefully they'll pursue her for repayment of benefit paid since you took over full custody of the children. She should be ashamed of herself.

System

The normal procedure when the Child benefit office and Tax credit Office receive a rival claim (which yours is) is they write out to both claimants and ask then various questions to work out who the payments should be made to.

If your ex is claiming tax credits then she was very quick off the mark in ceasing your old joint claim and making a new claim in her own name and the fact that the original child benefit claim is in her name and hasn't been given up by her means that it went through fairly quickly.

Now that you yourself have claimed for both, Child benefit and Tax Credit will write to you both and on receipt of the replies they will decide who should be paid. When they write out they give both parties until a certain date before they make their decision. Obviously this means your new claims will take longer than normal to process. There is no way round this as neither office will pay both parties at the same time.

Some of the questions they ask are what address are the children registered at by the school and the doctors surgery. Who will the school contact first if anything happens whilst they are at school, who takes the children to and from school etc

If you don't get the 2 awarded to you then I think you have no choice but to seek legal advice and get something in writing confirming the children reside with you.

System

skintandscared wrote: »

I'd just contact the benefits office. Get them to stop the benefit going to her and re-route it to you. Hopefully they'll pursue her for repayment of benefit paid since you took over full custody of the children. She should be ashamed of herself.

It's not quite a simple as this. The Benefits Offices will not even discuss or acknowledge his ex's claim with him because to do so would breach DATA security.

That doesn't mean I condone what his ex is doing.