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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34459
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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In cases of joint custody 50/50 who is entitled to child

Customer Question

In cases of joint custody 50/50 who is entitled to child benefit?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How many children are there and how much do you each earn?
Clare
Customer: replied 3 years ago.
1 child
I earn approx £30-£35,000 a year
I don't know her earnings. She has her own business
I'd guess at £25-£30,000 per year. She lives with her fiancé. I don't know his earnings. I live alone
She owes me money and isn't repaying me. I just want to know my rights.
Expert:  Clare replied 3 years ago.
Hi
How is the child's time shared between you?
Clare
Customer: replied 3 years ago.
He's 6 so at school.
1 week I have him Sunday, Tuesday and Thursday then Tuesday Thursday Friday and Saturday
School holidays he's with her or her parents during the day and I have him every night so she can work during the evenings if needed.
We've been separated approx 30 months
I paid approx £300 a month for a year until I realised I wasn't required to.
I buy most of his clothes
Expert:  Clare replied 3 years ago.
Hi
Are you talking about nights there?
Clare
Customer: replied 3 years ago.
Yes
I pick him up from hers or her parents after work and drop him off the following morning. Weekends are both nights and days
Expert:  Clare replied 3 years ago.
Hi
In that case it is up to HMRC to decide which of you should have the Child Benefit - it may be a matter of counting up the number of nights you have each had the child in the last 365 days
Details here
http://www.hmrc.gov.uk/childbenefit/start/claiming/more-than-one-claim.htm
I am sorry that there is no straightforward answer
Clare