Girlfriends' ex ripping us off....

inch_high

Hi folks...Here's the background....

My girlfriend lives with me, she has a 5yr old and a 3yr old. Their Dad lives with his girlfriend. Said Mum and Dad have to kids 50/50, no parent has them more than the other (unless we're splitting hairs over a few hours per week).

Since last September, the DAd has claimed the child benefit and child tax credits and split the money 50/50. But in March the payments for the child tax credits stopped - according to him. He has continued to pay her half of the child benefit, but she hasnt received any money from the child tax credit since March.

Basically, we believe that he's lying about not getting the money - we think he's had the money all along and has made it all up.

Last week he said they'd sorted the money after the "Made up" gap since March, and that he's got a £600 refund. Now we was getting £400 a month, so thats 3 and a half months which means he should have got about £1400, so that doesnt add up straight away. Then, on top of that, he conveniently hasnt got any letters from them, and claims that he never got the letter about the £600, that it just appeared in his bank. When my girlfriend told him we thought he was bullsh*tting, he didnt even put up any defence.

Anyway, so as it stands, my girlfriend is about to give him two options...

1) He phones the tax credit people and gives permission for them to disclose info to either myself or my girlfriend or

2) We put in a claim for the child benefit and tax credit.

We will tell him that if he choses option 1 and it turns out he's telling the truth, we will continue to lert him claim. But if it turns out he's lying, we will let him continue to claim, but on a few conditions :

1) he pays back the money owed,

2) he pays 50/50, on time each week

3) he continues to let us phone the tax credit people every few months to confirm the payments.

If he doesnt agree to this then will will make our claim. Hopefully, as wrong as I think it usually is, the mother will get the nod when they decide who to pay.

Does anyone have any other ideas or info that could be useful in this situation?

Cheers,Inchy</p>

poppyscorner

As their father is their main carer I would not have thought that your g/f would be actually entitled to either the child benefit or CTC as she has given main carer responsibility to her ex I think he would also be within his rights to claim against her for child support.

I am guessing this isnt what you wanted to hear and maybe other MSE users will be better placed to advise our kids child benefit and tax credits are paid to me as the main carer and they are in my name well child ben is tax credits his name is there and he is part of this household but as the main carer money is paid to me.

Why did she hand over main carer responsibilities to her ex anyway?

Poppy x

poppyscorner

Just to add my hubby also has a daughter from previous marriage she is quite often here at our house he has no idea what she gets tax credit wise it is none of his business.

As her stepmum it certainly isnt any of my business and in no way would we be entitled to any of that money as her main carer it belongs to her mum not us.

Dont mean to be harsh but I dont think you will get anywhere as your g/f has given over her responsibilities to the father.

duchy

I'm a bit confused.
Are you saying the children live 50% of the week with you and his Mum and the other 50% of the week with their father......or something else ?
If that is the case I'm unsure why you are allowing someone else to claim your own tax credits....what's the benefit ?

elisebutt65

OP states the they share childcare 50/50

My girlfriend lives with me, she has a 5yr old and a 3yr old. Their Dad lives with his girlfriend. Said Mum and Dad have to kids 50/50, no parent has them more than the other (unless we're splitting hairs over a few hours per week).

So therefore he ISN'T the main carer???

poppyscorner

elisebutt65 wrote: »

OP states the they share childcare 50/50


So therefore he ISN'T the main carer???[/quot

Yes you are right but for the purposes of the child benefit and tax credits there has to be a main carer and since he says the ex is getting these benefits then the ex must be down as the main carer IYSWIM

krisskross

Surely it is the parent with care who claims child benefit.

kelloggs36

\whomever gets the child benefit is deemed to be the main carer and can claim child support from the other party if they so wish. There would be a 50% reduction plus 7 pounds on what they would normally get. So, the fact that he shares the benefits out is more than he legally has to do in the first place and he could ask her to pay him some child support. She could however try and claim child benefit herself, but the child benefit people are very reluctant to take away the benefit from one party to give to another and under these circumstances are unlikely to do so so she will lose; it isn't a benefit that can be split either. I really don't know what to suggest but if he is now saying that it is all sorted and is willing to pay the half again I would just take it to be honest and wave goodbye to the rest.

poppyscorner

krisskross wrote: »

Surely it is the parent with care who claims child benefit.

100% correct krisskross in our house thats me and whilst it seems unfair perhaps that they share childcare and OP and his g/f have no child ben or tax credits when care is equal the rules are there and her ex will undoubtedly be named as main carer as he has possesion of these benefits and they can only be claimed once I also doubt whether he is actually obliged to give them anything.

A_Nice_Englishman

How about designating Mum as the main carer for one child and Dad the main carer for the other?

duchy

I think the OP is assuming that the Tax Credit people will favour the mother simply because she is the mother. If this was a completely new claim-perhaps that might be the case but I'd suspect as the children were previously declared as living full-time with the father there will be a lot of questions asked and the possibility that previously paid credits might even be regarded as fraudulent if the Father was claiming the children were with him full-time when they weren't. It all sounds a bit of a mess and potentially very tricky for BOTH parents with the possibility of close examination of both their tax situations by the inland revenue.