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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
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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My ex wife and myself and now divorced. We separated in August

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My ex wife and myself and now divorced. We separated in August 2012 and we divorced in December 2013. We have now nearly concluded our financial separation and I have a consent order with the courts for agreement. My question is around the children, child benefit, Disability living allowance and maintenance.
My eldest son is 18 on 06.06.2014 and is due to go to University in September. My youngest son is 13 and registered disabled. My youngest son gets DLA at the highest rate for mobility and personal care of £595 per month.
I share childcare evenly with my ex. Therefore on a rolling 2 week basis I have the children 7 nights and my ex has them 7 nights (a mix of school nights and weekends).
Regarding monies. My ex wife keeps all of the DLA £595, the child benefit (approx £140), and claims approx £1000 a month working families tax credit (as she works 30hours a week, term time only). I work full time.
My ex buys the clothes for the children from these monies (i don’t pay anything towards clothes) nor do I pay maintenance as we share childcare evenly.
Whilst I have been happy with this arrangement, because of the additional monies my wife has asked for (which I have had to agree to pay to secure my financial consent order which is currently at court for approval – I already bought her out of the house and my pension previously) I am now wanting to claim half the child benefit and half the DLA.
I note my eldest goes to university in September so the child benefit will go down.

So my questions are
1, Can I claim half the child benefit, if so how do I do it.
2, Can I claim half the DLA, if so how do I do it
3, Could I be forced to pay maintenance, even though we share childcare evenly. If so how much is this likely to be. I earn £38K per year.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - there are only two children?
Customer: replied 3 years ago.

Yes Claire. Only two children. Like I said eldest will go to university in September. The youngests DLA has been awarded till March 2017.

In that case there is little that can be done.
There is no process (at present) that allows child benefit to be divided.
Where there are two children it can be done by each claiming for one child - but this is not realistic for the time period involved.
There is also no way of the DLA. Being divided between you unless you both agree and do it informally.
One piece of good news.
Under the latest CSA rules your ex cannot make a new claim against you for child maintenance since you share the care equally
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you