Tax credits

Going through a separation and currently in mediation.

Because of a 5 year career break I took to care for our children my current income is approximately a third of what my spouse earns.

She has a very good salary and will be above any threshold to make a claim for tax credits.

Over a 14 day period I would get to have the children for 5 overnight stays and would collect them after school every day until she is ready to collect them 7-8pm. Holidays would be split.

Am I entitled to claim working tax and child tax credit if we can agree or is there a reason why I may not be able to do this?

Many thanks

From what you are saying although in the past you were the primary carer, this will no longer be the case once you separate?

Not sure what the situation would be regarding tax credit, seeing as your ex wont be claiming but the children will be with her the majority of the time.

You can claim the tax credits and child benefit if that is what you agree with your ex.

Only one of you can claim its up to you to decide who that is.

This was what I was led to believe, thanks.

Mathsisfun wrote:

From what you are saying although in the past you were the primary carer, this will no longer be the case once you separate?

Not sure what the situation would be regarding tax credit, seeing as your ex wont be claiming but the children will be with her the majority of the time.

Is that really the case. I took a job in school that meant I could collect my children while she persued her career. I will still be finishing work in time to collect the children, start their homework, provide and cook tea before spouse arrives to collect them for effectively, an overnight stay and breakfast.

I will still be having the children for 3.5 -4 hours a day and be responsible for meeting their needs.

Just out of curiosity if you don''t mind me asking, are you happy with this arrangement? The reason I ask is that the kids are 10 and 12 I think? And they are going to be collected from you most nights to go back to mums and sleep and eat breakfast basically - you''re going to look after their "after school" needs, presumably tea etc but mum will have them overnight - which then also affects CM.

I don''t know much about tax credits as I don''t qualify, but I find it strange if you can claim CB and tax credits but then the kids live with mum for the majority of the time?

If you have been their main carer, is it not an option for you to remain in the FMH and look after them as the RP, and mum to have contact instead of the other way round?

You are the lower earner by quite a significant amount, and on the face of it, I think you may struggle financially especially if she claims the benefits and claims CM from you.

You should really make sure that you have looked at all of your options

take care

It is an option but it spouse will never agree to it, so will have to go to court for legal consideration and judgement, eating into funds that just aren''t there.

CB is already in my name. She would never agree to me being tax credit claimant if I remained in FMH. Anyone know if I claim benefits can spouse challenge claim?

In the current proposal don''t think she will be requesting any CM from me. In such a case can I protect myself from any future claim/CSA referral she could make?

I suspect solicitor may have something to say when propsal gets reviewed.

She is offering to buy me out of the mortgage and take on existing loans. I would have to give up joint ownership rights on FMH.

On the face of it, is it fair/reasonable if I get half the house equity, a sticking point at present, benefits, an agreement not to have to pay her CM, regular daily contact with my children and some sort of settlement regarding pension split and a lump sum or ongoing payment for loss of earnings/pension contributions while on career break.

I would also get a fresh start 3 years after she took the decision to bin me off.