Shared benefits??

nicsonian

Hi,

I have been separated from my children's mum for nearly 6 years ad although we have shared care, she gets all of the tax credit and child benefit.

I lost my job due to redundancy back in April. I haven't claimed any benefits at all and have lived off my own funds. I have applied for lots of jobs, but as there isn't much out there have decided to start my own business. In the meantime, the kids mother has also been made redundant and is now living off her benefit claims.

We have the kids on a 50/50 split and always have (This was agreed in writing at the time of divorce). I've tried to survive without needing to share the benefits, but now my own funds are diminishing and I feel that she is spending the money she gets irresponsibly i.e. not on the kids. She's just been to Australia for a month and I was happily able to have the children full time. Plus her hair, make-up and clothes are always brand new.

I am not jealous, but fairs fair. So I have asked her to split the children for benefit purposes. So that I can claim some tax credit and child benefit for one child and she the other. It would help me out massively at the minute. But, she is refusing and says she wants all the cash to herself. What can I do?

Morlock

If she was in Australia for a month, you should have claimed all child related benefits yourself. Otherwise, there is nothing that you can do. Officially, there is no such thing as shared-care when parents separate, one parent receives all related benefits whilst the other receives none, unless the parents form an agreement between themselves.

You could try and claim them yourself, but I doubt that you will get very far.

karenx

Even if you try put a claim in for one child as theres a claim already they will write out to the mum saying you are trying to claim and is this correct. All she needs to do is call them and say no.
If you cant come to an agreement yourself theres nothing you can do

danielanthony

If you have the kids for more than 50% of the time then you will be entitled to claim all the benefits for them. As you are now out of work and have more spare time, perhaps you can get a variation on your divorce to have the kids more, and therefore get the benefits instead of the mother. This would include housing benefit so possibly a bigger property for you too...

nicsonian

Thanks for the replies.

It is slightly frustrating that I can't even report the situation or get any help with it. I kind of understand that the system is the way it is to avoid fraud and people claiming twice. But, it still feels a little unfair.

As you are now out of work and have more spare time, perhaps you can get a variation on your divorce to have the kids more, and therefore get the benefits instead of the mother. This would include housing benefit so possibly a bigger property for you too...

As I said in my original post, I couldn't find work so have incorporated a new company and am working full time to get it off the ground, its a fairly social enterprise, but I don't expect to see any earnings till the second quarter of next year.

As for getting a bigger house, I'm a home owner, in fact I have a few properties and rent the others out. However, with the way that the market has gone, the rent doesn't cover all the costs and if I were to sell, I'd be in a reasonable amount of negative equity. So, its a juggling game of living off savings and not being able to sell the properties.

As you can imagine, a little bit of tax credit and child benefit would be hugely helpful right now.