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NRP wants to change to a Shared Care arrangement

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NRP wants to change to a Shared Care arrangement

edited 30 November -1 at 1:00AM in Child Support
6 replies 5.1K views
ComedyComedy Forumite
55 posts
edited 30 November -1 at 1:00AM in Child Support
Hi, I am PWC for my 2 kids and the NRP is asking me if they can change this so they are able to claim benefits for them; Child Benefit, Housing Benefit, etc. NRP hasn't worked for a very long time and has been relying - I guess - on cunning in order the gain money, they have also proved to be very untrustworthy before and have tried previously to gain control of the children in order to abuse that authority.. be that to try and withhold the children from people or to try and extract money from people.

As the situation stands right now I have a Child Arrangement Order which states that the children live with me and the NRP sees 2 nights a week. If I were to allow the Shared Care and the Child Benefit to change to them I would not be changing this schedule. I also earn over the threshold so I do not even receive anything as a CB payment.

I am curious what the NRP would be able to do at any point if the Child Benefit were in their name? Does this have the potential to make my life more difficult or am I able to say that the CAO which I have overrides everything they might try to do.

I guess a lot of people will tell me to steer clear of this but I plan on talking to the NRP about this still and want to have considered everything before doing that.

Also worth noting that I have never received any maintenance from the NRP as they have always either not worked or stopped working before reaching the threshold of having to pay any CM.

Replies

  • Hi

    Child benefit is often used as ‘best evidence’ as to who is the primary Carer and therefore who is to receive child maintenance. If the NRP was to make a claim that he is the primary carer and shows that he receive the child benefit then your claim could end.

    Also if there a court order or solicitors agreement showing that NRP is to have the children over night for 2 nights per week - whether this happens or not - the NRP can claim shares for two nights only, unless you agree to more.

    I think to break it down, he could make claims and show he is in receipt of benefit but then again you have a family Order - I take it from the court? - staring you are to have the children. If it is from the court I imagine CM would tell the NRP to get the court order changed.
  • ComedyComedy Forumite
    55 posts
    Thanks for the reply. Yes, the order is from the court, it was very costly to get and I do not want to be in a situation where I have to go through it again so I am wary of exposing myself to such a thing. I have a CM claim with the NRP although NRP has not worked since the claim was raised around 2013, I am also not interested in the NRP's money when they do work as I can provide adequately for the kids already - I do not think this goes the same the other way around as prior to the court order the NRP would withold access for financial reasons not just from me but from everyone else in the fmaily too. Also I know it is very easy to fall foul of the stereotypes but NRP is a 'she'.
  • DigForVictoryDigForVictory Forumite
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    If you have had to fight to get to where you are, I'd sit pat. Why mess with a system that is working for you & the children. That the NRP wants the benefits is not good enough. Best of luck.
  • Stick with the same arrangement, mate. Don't fall into a trap. If what you've got at the moment works, stay with it.
  • CakeCrusaderCakeCrusader Forumite
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    Child Benefit payments mean she would be entitled to Child Tax Credits/Housing Benefit/Universal Credit too. It's important to do what's in the best interests of your children. They are children, they should be nurtured and cared for, not seen as a way to get money. She'd have to take you back to court for the Child Arrangement Order to be amended so they will look into the reasons why she wants to do this.
  • edited 13 November 2019 at 12:29AM
    newbutoldnewbutold Forumite
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    edited 13 November 2019 at 12:29AM
    I would tread very carefully, potential they could end up claiming child maintenance off you! If they claim child benefit, they would be seen as the main carer and you could end up having to pay them.
    If my posts have random wrong words, please blame the damn autocorrect not me :D
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