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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Wife and I are currently separating, live in same house, we

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Wife and I are currently separating, live in same house, we have 2 children. She cannot work due to disability and claims benefits (Tax credits, Child Benefit etc) for the children. I do not see my solicitor until 10 days time. I work part time self employed and do not claim anything (currently), I can only do so many hours due to the needs of my children that she has been assessed by social services - cannot meet. I am contributing to half the rent / council tax and 1/4 of the utility bills etc (we do not share shopping etc). I take this stance as she claims living expenses benefits, I do contribute financially for the children with shopping / clothing / clubs etc and I keep receipts. I am currently investigating with HMRC that I should be named on the Child Benefit / Child Tax credits as she is financially incapable (as stated and assessed so). I would like to know the legal stance on this - if it will go against me etc? - I am not contesting our divorce, we have little assets to dissolve but the biggest dispute is primary carer for the children (of which I have been the last 5 years since my wife had a brain haemorrhage)

Hi, thank you for your question. How old are the children and who deals with the day to day needs regarding the children, such as the school run etc?

Customer: replied 1 year ago.
Hi - I do, but she does contribute although recently has turned into super mum on solicitors advice to show and document she can do it (prob prep for Parenting Assessment when it goes to court). The children are a very advanced 10 (boy) and nearly 9 (girl). My boy has expressed without doubt he wants to remain in the family home with me, and my daughter is 50/50 as she wants to be impartial, but does express that she knows mum can be poorly

Thanks for confirming. As there is a dispute over who should receive the benefits and tax credits it will be for HMRC to decide based on the facts and formal arrangements as to who should receive child benefit. Such a contest will not impact your rights in relation to the children or financial settlement options.

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