My EX is claiming tax credits and the children live with me.

whipping_boy

My children came to live with me 17 weeks ago mainly because I refused to take them back to their mums as she had some issues and wasn't looking after the kids properly. I gave her an ultimatum to get her act together in 8 weeks and if she didnt then I would go to mediation and apply for full custody of the kids.

Long story short.. she didnt sort herself out and the kids do not want to go back (not even for one night) so I have been to see a mediator and got the c100 signed and I am in the process of filing for full custody. In the mean time (6weeks ago) I put in a claim for child benefit and for child tax credits and I am currently chasing them up as there is a delay in processing the claim as their mum has renewed her claim for tax credits.

I have spoken to tax credits today and they have told me that they will be sending a form out to me and to the kids mum to ask for evidence so as to determine where they live. This is where it gets complicated.. I didnt change the kids over to my address officially as I was trying to be nice and give my ex a chance to sort herself out. The kids are registered at her house with the doctor and the dentist. The eldest of three is registered at both addresses at school with her being the main carer and the youngest two are registered at school at my address. This is the only change of address that I registered as I didnt want her taking the kids from school without my consent.

How can I provide documentary evidence that the kids have been with me when my ex has more proof on paper?

Any help or advice would be much appreciated.

24skins

My ex attempted to claim for our daughter who spent as much time at his as mine, HMRC asked us both to provide proof of financial support over the period that he claimed - I gave them receipts showing that I'd paid for her clothing, school uniforms & school dinners as well as bank statements showing her regular mobile phone bills & bus passes were paid for by me, which they were happy with. He had argued as our daughter spent 3 nights a week at his he was supporting her, but it was financial support they were interested in.

This was some years ago now, so the procedure might have changed, good luck.

whipping_boy

Thanks,
I pay for their school dinners using the scopay system direct from my bank account which is £35 per week. I have also kept receipts for clothes and school uniform, which are again shown on my bank statements.

Does this prove they have been living with me or just that I am supporting them finacncially? When I spoke to the guy at the tax credits, he said they would need documented proof of address and mentioned such things as school, doctors and dentist.
As I mentioned earlier, the kids were registered at doctors and dentist at the ex's house (up until about half hour ago) and she also claims housing benefit, etc.. so at this moment in time she will have more documented evidence than me.
The most frustrating thing about this whole process is the massive delays in everything and having to struggle to make ends meet. Apparently, I will now have to wait for another 2 weeks for a form sending out to provide documented evidence for a change of address (which I dont have). They will also send a form to the ex and we will both have 2 weeks to submit our evidence. They will then have 3 weeks to make a decision based on the evidence they receive.
So a best-case scenario would be that this could be sorted out in my favour in 7 weeks if the ex partner plays ball.. which I very much doubt.

Is there any way to speed up this process or maybe get any financial help (just help with the dinner money would probably keep my head above water) or do I just have to go through the process and wait for the outcome.. and then maybe appeal.

Sorry for rambling, just wanting to educate myself on what to expect and plan accordingly.

supersaver2

Once you get tax credits and child benefit sorted don't forget to claim child maintenance as well.

pmlindyloo

I am sure one of our regular 'tax credits expert' posters (Blondbubbles for example ) will be along to answer your question but just another question which may be relevant.

It is not clear if you were married to the mother of your children and what happened when you divorced as regards child arrangements. Or what child arrangements were put in place when you separated. For example, has your ex currently got a court order that gives her residency?

Some information about this might be helpful.

24skins

whipping_boy wrote: »

Thanks,
I pay for their school dinners using the scopay system direct from my bank account which is £35 per week. I have also kept receipts for clothes and school uniform, which are again shown on my bank statements.

Does this prove they have been living with me or just that I am supporting them finacncially? When I spoke to the guy at the tax credits, he said they would need documented proof of address and mentioned such things as school, doctors and dentist.
As I mentioned earlier, the kids were registered at doctors and dentist at the ex's house (up until about half hour ago) and she also claims housing benefit, etc.. so at this moment in time she will have more documented evidence than me.
The most frustrating thing about this whole process is the massive delays in everything and having to struggle to make ends meet. Apparently, I will now have to wait for another 2 weeks for a form sending out to provide documented evidence for a change of address (which I dont have). They will also send a form to the ex and we will both have 2 weeks to submit our evidence. They will then have 3 weeks to make a decision based on the evidence they receive.
So a best-case scenario would be that this could be sorted out in my favour in 7 weeks if the ex partner plays ball.. which I very much doubt.

Is there any way to speed up this process or maybe get any financial help (just help with the dinner money would probably keep my head above water) or do I just have to go through the process and wait for the outcome.. and then maybe appeal.

Sorry for rambling, just wanting to educate myself on what to expect and plan accordingly.

Sorry, I don't really know the answer to any of these, in our case they were only interested in receipts etc, but that's likely because there was no dispute over address - she was staying 4ish nights at mine & 3ish nights at his & neither of us disputed that. I'm sure they asked if there was a court order for residence in place & there wasn't, but I told them the children had lived continuously with me since the separation (& could have proven that if need be). They never asked for the addresses held by the school, doctor or dentist.

I guess it may depend on whether your ex has evidence of financial support too, in my case he didn't as he hadn't been buying anything for her so that was the end of it, I guess if we'd *both* been able to show we'd been supporting her they'd have investigated further.


****************************

Just for clarity, in my case the children & I moved house 5 months before my eldest daughter was due to leave primary school, my ex stayed near her school & wasn't working, so suggested she could stay at his after school 3 nights a week instead of changing schools or me dropping her off before work. He then went for Tax Credits to top up his benefit entitlement on the basis she was "living there". HMRC found in my favour & he didn't get a penny.

pmlindyloo

This link might help you to start gathering evidence:

http://www.revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/entitlement/ctc-elements/

whipping_boy

Thanks for the replies,
When we seperated, we agreed between ourselves that we would share custody. I picked kids up from school on Thurs night and dropped them back ot their mums Sunday night for bed. I would then pick them up Monday morning and every other morning to drive them to school.
No official court order was sought at the time and the arrangement worked fine for both of us. We were not married but I was named on the birth certificate.
The two youngest were born after 2002 giving me equal rights as their mum, but the eldest was born in 2000.

I think that is as much info as I can divulge
Thanks again

pmlindyloo

whipping_boy wrote: »

Thanks for the replies,
When we seperated, we agreed between ourselves that we would share custody. I picked kids up from school on Thurs night and dropped them back ot their mums Sunday night for bed. I would then pick them up Monday morning and every other morning to drive them to school.
No official court order was sought at the time and the arrangement worked fine for both of us. We were not married but I was named on the birth certificate.
The two youngest were born after 2002 giving me equal rights as their mum, but the eldest was born in 2000.

I think that is as much info as I can divulge
Thanks again

You might like to read this:

https://www.citizensadvice.org.uk/relationships/relationship-problems/ending-a-relationship-when-you-re-living-together/

Have you applied for a parental responsibility order as well?

FBaby

Can you show that your regular shopping costs have increased? Same with electricity/gas, petrol maybe? What about statements from the teachers? If you don't have strong evidence, then it is about gathering as much not so strong evidence as possible.

Housing_Benefit_Officer

Exclusions and priorities: More than one person entitled to Child Benefit.

Read this:-

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm08030.htm

and this:-

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM08050.htm

The ex can surrender the priority for Child Benefit.

If she fails to do this then you make a rival claim for child benefit and tax credits let HMRC decide.