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IF ONLY YOU WERE THE NAMED PARENT OF THE C.B. THEN HE HAS NO RIGHT TO CLAIM IT IF YOU ARE THE SOLE GUARDIAN OF THE CHILDREN,SEE A SOLICITOR IF POSSIBLE AND ALSO WHAT RIGHTS WAS HE GIVEN THROUGH ANY COURT ACTION RE YOUR DIVORCE,ACCESS TO THE CHILDREN ETC,IF U ARE THE MAIN CARER BY THE COURTS THEN U ARE ENTITLED TO THE C.B. NOT HIM
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I thought child benefit was always paid to the mother?
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Not always pasta....................we had a 50/50 split on looking after our daughter. He got the child benefit, and I got the single parent's tax alowance.
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As far as I was aware, only one parent can claim CB, it cant be split. So if the children are flitting between both of your houses then I dont know how CB can decide where they live.
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you are the parent with custody..you get the benefits...I think you need to talk to your children also about the mess this loose arrangement is..the children ..that is what they are....should not be left at home alone unsupervised either...you need to call child ben and ask to speak to supervisor...take names and dates etc..should not take this long...
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couldn't you just give the child benefit to the kids? Then no matter where they are
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Children should not be allowed to just 'flit' between parents houses - they will invariably 'nest' at the house they get the most freedom from which seems your husbands because he is never there -god knows what they get up to when he's not in the house. Tell your children that your house is 'base camp' and they may stay at their dads at your discretion, and you would never stop them seeing him. I think they are playing with you when they say their father tells them you want them to stop seeing him - they are old enough now to play these games very well to suit themselves. on the legal front - if YOU are claiming benefit at the moment then it is up to HIM to prove he is the main carer -why did they stop your child benefit? If he is threatening you with applying for CSA if you stop him getting the child benefit it is that -empty threats - no chance at all you would have to pay anything to him -worst case scenario on that one is that he may have a legitimate claim in cutting his maintenace payments to you to reflect the amount of childcare he gives the children. See a solicitor or CAB
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Child benefit is awarded to the resident parent, that's like to be seen as you despite joint custody unless you tell them otherwise.
It's good that you listen to the kids and let them decide, but you would be better off with set days in place to give you all some stability, this way your ex may be able to arrange his work schedule whereby he doesn't work so late on the nights he has the kids. Assuming you don't live far from him, this should not interfere with the kids' social lives. If you are the one in receipt of the child benefit, he cannot take it off you - he would have to prove he's the resident parent, which (IMO) could only be verified by a court. The DWP will not just stop giving it to you then hand to him. |
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<The DWP will not just stop giving it to you then hand to him. > Sorry, I've not informed you correctly, I didn't realise they could stop it whilst investigating. Hopefully, you'll get it all backdated once the matter's resolved?
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Redheln -taken from the HMIR website quote:
"If you can't decide who gets the payment and both of you still want to claim, the Child Benefit Office will decide who to pay. If they decide that someone else will get the Child Benefit, your payments will stop." "if" THEY decide - they do not stop payment until they have decided http://www.hmrc.gov.u...-than-one-claim.htm#3 |
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| Morning, me again!!! I have just found out that my ex has gone for the child beneift. the children are 13 and 11 and sleep at his when they want so its hard to say who has the majority share so lets... |
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