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How is parent with care determined

  • bikeman
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15 Dec 10 #239913 by bikeman
Topic started by bikeman
I share 50:50 residence of our 2 children but as I was previously the main carer I currently am out of work. My ex works yet receives CB for both children. Financially I have a need to persue a CSA claim.

How does the CSA determine which parent is the 'parent with care' and which is the 'non-resident parent'?

Is this determined purely by which parent has historically claimed child benefit?

Is this something that can be included within a Consent Order?

  • chrishope
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15 Dec 10 #239918 by chrishope
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I am sure you will receive loads of answers. But basically, whoever gets the child benefit is deemed PWC (Parent with care). They get all the benefits, tax credit etc and are entitled to child support from the other parent.
However, some canny parents are splitting the child benefit, one taking one child's benefit, the other etc. It means both parents can get the additional benefits. However, if you x does not agree, it could be problematic. You would have to appeal to the Child Benefit agency, they would ask questions, such as where they usually live, where they are registered for doctors, dentist, school etc. If there is a dispute, however, they will always give it to the mother.

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15 Dec 10 #239936 by bikeman
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mmm thanks for your reply. I thought the last comment about 'always giving it to the mother in the event of a dispute' was somewhat sexist.

They would certainly see me in court if they hinted that sex had any bearing on their decision.

  • femellabates
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16 Dec 10 #240079 by femellabates
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hello as an employee of the csa i can tell you that your previous answer was incorrect.
firstly we have a consideration for chb when looking at determining the PWC status however it is not the only determining factor.
In most cases of 50/50 the chb is split if there are two children, each claiming for one child but this is not always the case. if both parties agree that there is full shared care then the chb becomes irrelevant.
you have to bear in mind that if shared care applies then both parties can claim off each other. if chb is not in pay to one party then that party will recieve what is known as a chb abatement. this means that a reduction of their portion of maintenance will apply, to take into account the fact they do not recieve the benefit of chb. hope this helps.

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