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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13799
Experience:  30 years as a practising solicitor.
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My husband and I are now separated , we agreed 50/50 custody

Customer Question

My husband and I are now separated , we agreed 50/50 custody and my husband is in receipt of the family allowance which a year ago we agreed that we would split it for my son . My husband is now refusing to pay this even although I am now unemployed. But can I take him to court over the monies outstanding , I know now I can apply to change re HMRC but for other monies going forward.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
You can't take him to court over this. Although you have equal time with the the children, as he gets the family allowance, he is deemed to be the parent with care, and so you aren't technically entitled to child maintenance at all. Child benefit is not an alimentary payment. It can only be paid to one parent. You would need a residence order to get the child benefit redirected to you if there is no chance of him agreeing to share the child benefit. What you can do is apply for maintenance from him for yourself on the basis that he has a duty to support you and you are now unemployed. You could take that to court quite competently. I hope that helps. Happy to discuss further.