fathers right to benefit

Been separated 9 months, for last 6 months have had 17 y.old 9 college), 24/7, youngest, just 11, tue, wed, thurs & fri. wife still in marital home, I left after finding out about her infidelity. she still claims 100% child benefit for youngest, even tho he stays just 3 nights. have I a good case to claim mercentage of benefit. And do I have a good case to the marital home, she living elsewhere 3/4 nights a week. me sharing bed with 11 y old in rented accomodation.

Unfortunately the child benefit isn't set uop to allow you to claim a percentage - the benefit will only ever be paid to one person for any single child.

You can apply to have the benefit transferred into your sole name on the basis that you are the primary carer, but of course the risk is that your ex may dispute that this is the case, and may seek to reduce the number of days your son is with you.

So far as the hosue is concerned, there is no presumption in favour of either of you - the law is gender-neurtal and the issue would be what is fair on all the cicumstances - what alternative accommodation each of you has or could have is one relvent factor but not the only one - your over all finacial position would also be relevent.

thanks for advice, am worried about her reacting by challenging my 4 nights. She is living in family home just 3 nights with son, while he sharing a bed with me 4 nights because of lack of space in rented accomadation. eldest son has own room. I have children 78% of the time & she has house, £250 maintenance, benefit for youngest & has no plans to move. I pay mortgage, rent, debts & £20 pm extra for her to pick up youngest for school 5 times a month. I do believe I am being too soft!

Yes!

I do believe I am being too soft!

No argument with that....
Do you have the option of moving back into the FMH ?

LB

have give notice that i will be moving back in to FMH in june with eldest. save 500 on rent, 250 on maintenance. she not happy, but believe she has no say in matter. fingers crossed she might decide to move out.