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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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I look after my two children, boys aged 9 and 14 for 3 nights

Resolved Question:

I look after my two children, boys aged 9 and 14 for 3 nights a week.
The small amount of money i accepted in signing the property to the mother is gone now and Im going to struggle to continue the shared custody that has been established.
Given that the mother isnt prepared to share chid benefit even though i have been advised
that it could be an option in order that i can be seen to have parental responsibility in the eyes of society that support may then be considered.

my question based on someone i know who got duel residency status through court given that his child lived with him for more than 150 nights a year.

Could you please confirm the truth of this or qualify with an accurate stipulation of what
would constitute duel residence.
Thank you for your time.
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.
What do you each earn?
Are you paying any maintenance?
Clare
Customer: replied 3 years ago.

Thankyou Clare,


 


 


My earnings are aprox 10-12,000 per annumn, hers aprox 4000.


not paying maintenance as look after children 3 nights and 3/4 days


and signed property to her.


 


my out goings exceed hers and she receives aprox 10,000 a year in benefits which i am happy for her to continue receiving.


 


looking to claim Child Benefit without loss to her.

Expert:  Clare replied 3 years ago.
Hi
The only option is for each of you to claim child benefit for one child.
This will mean that her income will go down by £13.55 - but you will be able to claim £20.50
She will also lose the allowance for one child from any other benefits that she receives
If she will not agree then you can apply for the Child benefit for one of the children and the HMRC will decide if you are entitled to it.
However since you only have them three nights a week and she has them four then she will retain the benefits as she has them more than 50% of the nights in the year
I hope that this is of assistance - please ask if you need further details
Clare
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