Can someone claim tax credits when having one third of overnights ?

Damien3399

Hi everyone

I have, on paper, joint custody of two young children. When I split with their mum the agreement was 50/50 custody and overnights. Over time, she has become happy to offload them onto me quite often, at times when she is due to have them. Today I looked back at the past six months worth of overnights and I've have them for two thirds of the time. Is it right that she can still legitimately claim a lot of money in child tax credits for both children when she has them a third of the time ?

Comments appreciated.

Mrsn

You would be best placed to call tax credits yourself if I’m honest, to gauge their opinions on it. I would say she is used to the money coming in weekly/monthly and would be reluctant to give that up even if you are having them more than originally agreed.

Alice_Holt

Who buys the children's food, clothes, etc.
Who arranges nursery etc or takes them to school.

sevenhills

Damien3399 wrote: »

Comments appreciated.

You would need to put a claim on for child benefit, the parent receiving child benefit gets 100% of the money. At least that is how it worked 10+ years ago.
That would create a stink though and then the other parent would have them sleep over more.
Are you paying and money towards the upkeep of the child? The parent that gets the WFTC should be paying all the food and clothing expenses.
Just lets things go, because over time they may stay at yours or hers more. Maybe you could agree to claim for one each, that would be the best for you both, money wise.

sheramber

If you both submit a claim and cannot agree who should have it HMRC will decide.