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Financial Orders in Residency Hearing

Gershie
Posted by
Platinum Member

26 Jan 09 #82460 by Gershie

Topic started by Gershie

Hi Everyone

Just after a little bit of advice...

Does anyone know if the Judge in a Residency Hearing is able to make an order in relation to Financial matters?

I have a 50:50 SRO and Mother will not share the benefits, HMRC side with her even though I pay school fees, pre and after school child care and all school meals.......

Thanks

GuernseyGuy
Platinum Member

26 Jan 09 #82465 by GuernseyGuy

Reply from GuernseyGuy

Unfortunately, Benefits haven't caught up with the concept of a Shared Residence Order, let along two parents equally caring for their children. It doesn't help your situation, but you might find this site interesting...

www.cb42.org/

Gershie
Posted by
Platinum Member

26 Jan 09 #82472 by Gershie

Reply from Gershie

Thanks GuernseyGuy

I have seen this, I have even quoted the PM's response to the HMRC but they were not swayed.... I have even taken it up with my MP (for all that's worth) I'm in court Thursday to see what the Judge can do but I don't hold out any great hope. Will keep you all informed.

Fiona
Platinum Member

26 Jan 09 #82560 by Fiona

Reply from Fiona

Children cases are treated as a completely separate procedure from finances and the courts will not get involved with benefits. To raise your issue of benefits you would need to appeal the HMRC decision and then take the government to court.

Gershie
Posted by
Platinum Member

26 Jan 09 #82563 by Gershie

Reply from Gershie

Thanks Fiona... that's what I thought. I have done the appeal route with no joy. I have spoken to my MP who is writing to HMRC but I don't hold out much hope

I am in court on Thursday to try the 'Not entering into the spirit of the SRO route'

Gershie

perrypower
Platinum Member

26 Jan 09 #82571 by perrypower

Reply from perrypower

Is the issue the £40 per month child benefits or the PWC issue in terms of WTC & CTC & Childs Maint?

Gershie
Posted by
Platinum Member

26 Jan 09 #82599 by Gershie

Reply from Gershie

Both really... I have had to pack in my job as I worked away and need to sign on while I sort a new one out. Been told that I am not a single parent and cannot claim anything. Have to survive on £65 per week.

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