Do I need to inform anyone?

RainbowDreamer

"Try to decide who gets Child Benefit If you're responsible for a child you can claim Child Benefit. But there may be someone else who pays towards the cost of looking after the child and they also want to claim. For example, if your child:

• lives with a relative but you pay for their upkeep
• lives with you but your partner who doesn't live with you pays towards looking after them
• spends part of the week with you and part with someone else

If both you and another person want to claim Child Benefit it's best if you sort out between you who should claim. Normally Child Benefit is paid to the person the child lives with. A child normally lives with you even if they're away for a short while. This is as long as that's not more than 56 days in any 16 week period."

RainbowDreamer

"If your child lives with more than one person

Only one household can get Child Tax Credit for a child.
You might look after a child who sometimes lives with you and sometimes lives with someone else. You can't both get Child Tax Credit for the same child, so you'll have to decide who should get it.
You can't claim Child Tax Credit if your child doesn't live with you at all - even if you're paying maintenance.
If you can't agree who'll claim

If you can't agree who'll get the Child Tax Credit, both of you should claim for the child. Then the Tax Credit Office will decide for you. They'll contact both of you so that they can work out who has main responsibility for the child. They will consider things that include the number of days the child lives with you, and where they keep most of their clothes and toys.
If you're already getting Child Tax Credit for your child

Someone else might make a claim for a child you're getting Child Tax Credit for. If this happens, the Tax Credit Office may ask you to tell them why you think you have main responsibility for that child.
If you can't agree who should get the Child Tax Credit, the Tax Credit Office will decide for you. You'll still keep getting paid while they make their decision."

mealone

You and your husband deserve each other, neither is thinking of the kids best intrests. You are holding him to ransom by keeping the benfits paid to you by the state to keep your kids and he is holding you to ransom by keeping the kids from you.

DaisyFlower

If he has them 50/50, why would he pay you maintainance? You are claiming full benefits so not supporting them yourself financially yet expect him to.

If this post is real, surely you should be ploughing your energy into reaching an amicable agreement with your ex over contact rather than asking a forum if your benefits will stop.

Hmm71

I can't help feeling it is all about the money and okay I'm judging without knowing the full situation blah, blah, blah but if I had an ex-husband who'd refused to return our children I'd be down the police station, social services, racing round family and friends trying to get help to get them back; not wasting my time on an internet forum asking about the financial side of things. That would be the last thing on my mind.

princessdon

Why on earth are you not giving him the money?

I know there is clearly history and bad feeling but these are your children. How can you be sure they are being fed and have heating if you are not paying the money the tax payers give you to feed and support them to the person who is caring for them?

Surely in the best interests of the children you need to give him some if not all of the money?

At the very least this will look very favourable on you in any custody dispute as it shows that you 100% have your childrens interests at heart and that YOU are the responsible parent as your Ex took them and was unable to financially give them support.

In all honesty I'd pay it - keep a record of this and have proof for all concerned.

Sorry and I know you must miss them terribly - but you need to put their needs above your anger (and yep I can see why you are angry at your Ex), but don't put the kids in the middle.

RainbowDreamer

I am not giving him money because my solicitor said I should not be doing.
I have been to the police and ss about the return of the children, only court can force him which is why I am going there next week.
I have tried to be amicable with him with communication, mediation, communication via solicitors. Instead he gets himself arrested for being agreesive and abusive at my door and decides to keep the children from their mother.
Never have I kept the children from seeing their father, yet he thinks its ensuring the children needs to do so.
If I can find something that clearly states I should be paying him money, then I will. But I have been advised not to give him money. I thought solicitors advice was to be taken?

I will speak to CB and TC and will ask for their advice re splitting money for the children. I will also speak to my solicitor again to clarify the facts.

I apologise for being moody earlier. I take on all comments given and will consider them all.

real1314

DaisyFlower wrote: »

If he has them 50/50, why would he pay you maintainance? You are claiming full benefits so not supporting them yourself financially yet expect him to.

If this post is real, surely you should be ploughing your energy into reaching an amicable agreement with your ex over contact rather than asking a forum if your benefits will stop.

Because, it is likely that the OP has them slightly more than the "Absent Parent" (AP).

This is how it works:-

The Parent With Care (PWC) claims maintenance from the AP.

The CSA work out the amount the AP should pay (pretty much a straight % of their income). The AP doesn't have to pay for days they have the kids.

So:-

PWC and AP both earn £200 per week. 2 kids. PWC has kids 15 days in 28; AP has them 13 days in 28.

AP is assesed at 20% of their wage, ie £40 pw, however they only have to pay for 15 days out of 28, therefore they must pay £21.40 per week.

So:

AP has £200 - £21.40 = £178.60 per week to provide for themself, and for their children for 13 days in 28. AP can only get rent for a 1 bed property under HB rules.

PWC has £200 + £21.40 + Child Benefit £40 + Tax Credits £150 (?) = £311.40 per week to provide for themself and for their children for 15 days in 28. PWC can have HB for a 2 bed house (or possibly 3). They do not have to pay AP anything.

That's pretty much the way the system works.

nb. If the PWC had an income of £2,000 per week, the AP would still have to pay maintenance to the PWC to maintain their children when they are with the PWC. :cool:

RainbowDreamer

I have them 4 days and 4 nights at the moment. (Well if they were back with me I mean). He has them 3 days and 3 nights.
If I should be paying him money, then I will set up a direct debit to do so once a court order is in place and we know how contact will be for the forceable future.
Like I said the CB and TC I have recieved while he has kept the children has been put into my savings. If I need to thenm give him this money then I will do. I haven't spent it on myself, because it is money for the children.
He also lives with his mum, which means he has no rent to pay. He pays a small portion to the bills and contributes to the food, but doesnt pay much although he works. Though maybe I should be giving a contribution of the CB and TC to this mother.

I always thought he should be paying maintenance, which I thought would of ofset the benefits I get for the children. But maybe I am wrong.

It isnt all about the money. I simply posted to ask advice on if I need to tell the people who pay me, as I did not want to owe them money if they are supposed to suspend the claim while the children are not with me.

Sorry.. I suppose I am not making much sense. Very stressed at the moment. Apologies.

real1314

RainbowDreamer wrote: »

I am not giving him money because my solicitor said I should not be doing.
I have been to the police and ss about the return of the children, only court can force him which is why I am going there next week.
I have tried to be amicable with him with communication, mediation, communication via solicitors. Instead he gets himself arrested for being agreesive and abusive at my door and decides to keep the children from their mother.
Never have I kept the children from seeing their father, yet he thinks its ensuring the children needs to do so.
If I can find something that clearly states I should be paying him money, then I will. But I have been advised not to give him money. I thought solicitors advice was to be taken?

I will speak to CB and TC and will ask for their advice re splitting money for the children. I will also speak to my solicitor again to clarify the facts.

I apologise for being moody earlier. I take on all comments given and will consider them all.

You had a thread where you said you did keep them from him, and refused to answer the door.
You said it had been "agreed with solicitors" that you should keep them an extra day, but I doubt a solicitor could agree that without the fathers agreement. Did you mean that you told the solicitor that you wanted to keep them an extra day?