Child Tax Credits- Seperated but Living Together

johnsons_baby

First off, hello!

Second, it’s been a horrible six months!

My husband and I have decided to separate, after years of rowing, growing apart and lastly an affair on his part.

I currently rent the house in my sole name from an HA and have done for 7 years. He is not on the tenancy, his choice.

He’s been the main breadwinner when he has been working, I earn less £28k, he earns £42k, I’m in a more stable job.

Anyway, I digress. We have two children, one of whom gets higher DLA for an ongoing medical issue, she has an indefinite award. In order to work the hours I do now (37.5), I need to pay for childcare as my husband is unable (unwilling) to share care of the kids (5 & 7).

I understand that if I am separated I can claim tax credit for child care but I am concerned that as he is refusing to leave the house (taking advice from the HA on this) it will be considered we are still spouses.

I have opened a sole bank account and have my salary paid it, we do not share meals, we don’t do each other’s washing etc, he leaves me to care for the children solely. We no longer have any joint bills. Eventually, I am sure he will move out, I hope but as he is not willing to share care or contribute to child care, if I can get tax credits for a porportion of the fees, it would be a great help at the current time.

What I am really asking is can I instigate a claim whilst he is still here without it being considered a joint claim? Neither of us want to married to the other and solicitors have been appointed although his are slower than mine. I don’t think a divorce will be quick but equally I am keen to carry on working full time and ensuring I can give the children the best.

Any advice, tips or thoughts greatly appreciated.

FBaby

You can, but be prepared that they could investigate your situation, especially if it still remains the same 6 months later. Legally, you can ask him to leave since he isn't on the lease, so they could question why you haven't just changed the locks.

You say when he was working, does this mean he isn't working any longer? If so, even if you claimed as a couple, wouldn't you still be entitled to tax credits?

Darksparkle

Married couples must claim tax credits jointly unless separated by a court order or in circumstances likely to be permanent. Sharing meals etc isn't really relevant for married couples.

If asked you can provide evidence from you solicitor that you are separated.