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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Hi Claire I have another problem with my ex. The consent order

Resolved Question:

Hi Claire I have another problem with my ex. The consent order says the children should be split 50/50 and I assume that meant financially. I let him have the tax credits for my oldest two because Becky my eldest conveniently comes to me for 3 days and him 4 days and the other 2 stay with each of us mostly. I was still have child benefit but now he has put a claim in for the eldest 2. I told child benefit he could have the child benefit for my middle child because she stays with him the most but I disagreed with him having my eldest because I have to feed her for 3 days. I wrote to child benefit and asked them to please don't take off the child benefit for my daughter else I won't be able to feed her. I am unemployed claiming housing benefit and council tax benefit. I cannot get any other benefits because he pays me the £500 he owes me and the hmrc are expecting me to use that capital to live off. If they take off the child benefit for my eldest which works out at £80 a month I will really struggle. I told them he is working 7 days a week ( so he has told me), rents out 3 properties, gets full working tax credit and sells honey in various shope locally for cash. He rang me up ranting and raving and about the child benefit and I told him I said he could have Chloe's but I would fight him for Becky's. He was really aggressive and said I should do the decent thing and let him have it. The child benefit said if we can't agree the commissioner would decide but they may stop it for a while till they look into it. I am divorced and really should he be allowed to harrass me on the phone. Should I tell hmrc what he has done? Also, because the consent order has not worked in my favour should I speak to my solicitor to see what we can do. My health has been suffering and I have had bell's palsy twice probably due to stress. The doctor's are looking into it to see why I got it back so quick. Apparentlly I am a rate case of under 1%. I am really stressed and feel that he shouldn't be discussing anything like this with me other than when we are seeing the children.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
How do the children actually share their NIGHTS between you?
Clare
Customer: replied 3 years ago.

My youngest sophie stays with me most of the time and sees her dad one night every fortnight. The middle daughter stays with my ex most of the time but comes on some weekends but there is no set pattern. My eldest comes to me Sunday night, monday night and tuesday night and goes back wednesday afternoon.

Expert:  Clare replied 3 years ago.
Hi
What child maintenance do you receive?
Clare
Customer: replied 3 years ago.

I don't get any child maintenance as it was established in the consent order that there wouldn't be because the children were a 50/50 split. All I get is child tax credit for Sophie and at the moment child benefit for all 3 where as he gets full working tax credit and child tax credit for the oldest two which is bound to amount to £800 a month against my £190 child benefit.

Expert:  Clare replied 3 years ago.
Hi
What does the Order actually say about Child Maintenance - word for word
Clare
Customer: replied 3 years ago.

The parties agree that there shall be no periodical payments paid by one party to the other in respect of their three children on the basis only that one daughter shall live with the applicant, one with the respondent and one between the two of them equally."

But it isn't entirely equal because the oldest is with him 4 days and me 3 and he has made sure of this just so he can have the tax credits and now he is trying to have the child benefit for 2 of them.

Expert:  Clare replied 3 years ago.
Hi
Would your daughter agree to spend an extra night with you each fortnight?
Clare
Customer: replied 3 years ago.

Yes I am sure she would so is he breaching the order by telling her to do this to get tax credits?

Expert:  Clare replied 3 years ago.
Hi
Yes
It is clear that he is only doing this so that he can secure the child benefit and the tax credits.
You need to immediately take steps to endure that there is a clear 50/50 split of your eldest's time between you.
You should also inform him that if he pushes the matter you will apply to the CSA for Child Maintenance for the youngest child since he has an income and you do not.
You should also inform him that any future communication about anything other than the children should be in writing and you will report any unwanted communications to the police
Clare
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