Tax credits

Hi Guys
A bit of advice needed please and I suppose a bit of reasurrance. I hve been separated from my husband for 2 years not yet divorced altough just about to initiate proceedings. I have 3 children who live with me. My ex has them for tea on a tues and thurs and has them overnight every other sat night and every other mon night.
I have been claiming child benefit and child tax credit which I really need as my ex pays no maintenence. I buy all clothes uniforms shoes etc. The ex does buy them some clothes but they are not allowed to be brought to my house so useless really.

Anyway to the point of my question, my ex has decided that he is going to try and claim tax credit for the kids as he says he has them as much as me so is entitled to half!! What are the chances of this happening? Would my payments be stopped whilst they looked into his claim?

Any advice welcome
Thanks
Lissy xx

Hello, He can claim tax credit if he is a low wage but he can't claim for that I don't think. it always goes to the Primary Carer but ill be watching this thread with interest.

Lissy

I have had many many conversations with the tax credit people. They inform me that the Child Tax Credit can only be claimed by the person who claims the Family Allowance and is always paid directly to the Primary Carer who has day to day care for the children rather than, for example, to the working parent as there is no guarantee that this money will be used as it is intended - on the children.

If he has the kids every other Saturday night and every other Monday night that is only 2 nights out of 14 - hardly half then time!!! (tea-times don't count in the eyes of tax credits)

Why isn't he paying maintenance? You are entitled to 30% of his salary for 3 children (assuming they are all his?) Although as he has them overnight, on average, for one night a week, this will reduce your payments by 7%.

If he isn't working or on a low income or on benefits you will probably only be entitled to the statutory £5 a week but its better than nothing.

Good luck

Mumsty

Hi and thanks for your replies. I have trie ringing the tax credit people but its really hard to get through so your advice is much appreciated.

I do work 30 hours a week but luckily am entitled to a small amount of tax credit. My ex works but is self employed and although he eans well according to the books he doesn't. When we separated we mutually agreed to a sum of £100. Not a huge sum for 3 children but I didn't want to demand a larger sum so e was struggling financially. He paid this for 6 months following separation then he refused from then onwards. I have considered contacting the CSA but have been reluctant as I can do without the hassle it wil cause.

I am about to apply for divorce can I bring up the issue of maintainence in divorce?

Lissy

is that £100 a week or month?

you are entitled to 30% for 3 kiddies

from experience, courts don't really like to get involved with child maintenance unless other avenues have been explored.

Contacting the CSA won't be hassle for you and don't worry that he doesn't earn much apparently. Being self-employed means that the CSA can get access to his business accounts and tax returns to make sure you get what is due for the kids.

Don't worry about the tax credit people, you are already claiming that and the amount won't change if he starts paying proper maintenance.

Call the CSA though. You will need to call the main helpline (google it) and they will give you the phone number of the office who deals with your area. Your claim will only be backdated to the day you ring to start your claim so get on that phone girl!

Even if they say he is on a low income and only has to pay you £5 a week, its still better than £0 a week! You can also get the amount reassessed every year based on his annual P60 and tax return.

30% of his wages would be nice , it's 25% of his net income for 3 or more kids .l

opps - sorry its 25% for 3 children