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Advice needed on court after mediation?
#11
(04-10-2017, 08:52 AM)mcnl Wrote:
(04-10-2017, 08:19 AM)MarkR Wrote:
(04-10-2017, 07:53 AM)mcnl Wrote:
(04-07-2017, 08:54 AM)LTCDAD Wrote: If you are in UK - If you live apart from your ex and the kids go between the 2 houses, one parent is nominated 'resident' and the other 'non resident' - its to do with who can claim child benefit

The resident parent is normally the one who has the kids over 50% of the time

I agree its not a great system but just giving you the facts so you know where to fight your case and as I said in original reply because of this need for the system to need to nominate a 'resident parent' getting 50:50 through a formal system is rare

You could of course sit down with the ex and talk maturely and come up with a family based agreement and decide who claims child benefit and 1/2 it and decide no maintenance exchanges hands and who pays for what and when you see the kids etc etc etc but as you said... you are considering court

Even true 50:50 is only a 'plan' - if you are sick and the ex takes the kids for an extra day to help out then its no longer 50:50 in reality!

Stay away from the detail and focus on what you want which is SHARED custody and SHARED access - would be my advice

Many thanks for the details, once again you're being very helpful.

So let's consider the following scenario: both parents agree on a "true" 50/50 shared care (1 week on/1 week off) and the Shared Care Order states that "the kids live with both parents" so it doesn't say anywhere that 1 of the parents is nominated as resident.

What happens?
None of the parents can claim Child Benefit?

Pre Welfare Benefit Reforms in 2012, a court could make orders regarding sharing of welfare benefits. This has now changed, and is the main reason why 50/50 orders are only made by Consent, and are normally only granted via Consent Order, where it also covers things finantaial matters regarding the childs upbringing.

If your ex is not in agreement with 50/50 or on who claims Child Benefit (what qulaifies for Child Tax Credit and the Childs Occupation in a Housing Benefit situation), then my suggestion is to seek a shared care plan, where you exceed 175 nights per year (resulting in limited Child Support payable).

There is 2 parts to working out timetables. Quality Time is viewed as weekends and school holidays, so a normal starting point is Friday till Sunday every 2 weeks, and up to half school holidays.

The second part is the day to day care, and where this is workable, you can add in mid week visits/stay overs. (Its only stay overs what count for Child Support Reduction). On the above timetable, then the normal would be 1 or 2 on her weekend, and 1 on your weekend.

My ex is in agreement with true 50/50 and also agrees that we will share expenses so no CMS payments will be involved.

So none of us will effectively have our daughter more than 50% of the time.

Can any of us still claim Child Benefit?

Either of you can put in a Claim for it, however only 1 of you can recieve it. Where you both do, it will go to the "Rivel Claims Unit", where you will both be asked to prove your case for you getting it, and they will made a decision. Normally this would be a Court Order, what is why most orders now say "xxxx LIVES WITH XXXX and spends time with xxxx!, so its clear who is the Resident Parent in terms of benefits.

If you both can be at the same location, take a look at http://www.entitledto.co.uk and see who claiming achives the best outcome.

Bear in mind, part of awards of Working Tax Credit and Housing Benefit will be down to the person claimings income.

You might want to share the Child Tax Credit and Child Benefit awarded, or agree for that to be used for clothing etc what can be used at both houses.

If either of you will be renting, then for Housing Benefit its only the persons house where Child Benefit is paid that counts, but the above website will flag that up for you.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#12
(04-10-2017, 09:20 AM)MarkR Wrote:
(04-10-2017, 08:52 AM)mcnl Wrote:
(04-10-2017, 08:19 AM)MarkR Wrote:
(04-10-2017, 07:53 AM)mcnl Wrote:
(04-07-2017, 08:54 AM)LTCDAD Wrote: If you are in UK - If you live apart from your ex and the kids go between the 2 houses, one parent is nominated 'resident' and the other 'non resident' - its to do with who can claim child benefit

The resident parent is normally the one who has the kids over 50% of the time

I agree its not a great system but just giving you the facts so you know where to fight your case and as I said in original reply because of this need for the system to need to nominate a 'resident parent' getting 50:50 through a formal system is rare

You could of course sit down with the ex and talk maturely and come up with a family based agreement and decide who claims child benefit and 1/2 it and decide no maintenance exchanges hands and who pays for what and when you see the kids etc etc etc but as you said... you are considering court

Even true 50:50 is only a 'plan' - if you are sick and the ex takes the kids for an extra day to help out then its no longer 50:50 in reality!

Stay away from the detail and focus on what you want which is SHARED custody and SHARED access - would be my advice

Many thanks for the details, once again you're being very helpful.

So let's consider the following scenario: both parents agree on a "true" 50/50 shared care (1 week on/1 week off) and the Shared Care Order states that "the kids live with both parents" so it doesn't say anywhere that 1 of the parents is nominated as resident.

What happens?
None of the parents can claim Child Benefit?

Pre Welfare Benefit Reforms in 2012, a court could make orders regarding sharing of welfare benefits. This has now changed, and is the main reason why 50/50 orders are only made by Consent, and are normally only granted via Consent Order, where it also covers things finantaial matters regarding the childs upbringing.

If your ex is not in agreement with 50/50 or on who claims Child Benefit (what qulaifies for Child Tax Credit and the Childs Occupation in a Housing Benefit situation), then my suggestion is to seek a shared care plan, where you exceed 175 nights per year (resulting in limited Child Support payable).

There is 2 parts to working out timetables. Quality Time is viewed as weekends and school holidays, so a normal starting point is Friday till Sunday every 2 weeks, and up to half school holidays.

The second part is the day to day care, and where this is workable, you can add in mid week visits/stay overs. (Its only stay overs what count for Child Support Reduction). On the above timetable, then the normal would be 1 or 2 on her weekend, and 1 on your weekend.

My ex is in agreement with true 50/50 and also agrees that we will share expenses so no CMS payments will be involved.

So none of us will effectively have our daughter more than 50% of the time.

Can any of us still claim Child Benefit?

Either of you can put in a Claim for it, however only 1 of you can recieve it. Where you both do, it will go to the "Rivel Claims Unit", where you will both be asked to prove your case for you getting it, and they will made a decision. Normally this would be a Court Order, what is why most orders now say "xxxx LIVES WITH XXXX and spends time with xxxx!, so its clear who is the Resident Parent in terms of benefits.

If you both can be at the same location, take a look at http://www.entitledto.co.uk and see who claiming achives the best outcome.

Bear in mind, part of awards of Working Tax Credit and Housing Benefit will be down to the person claimings income.

You might want to share the Child Tax Credit and Child Benefit awarded, or agree for that to be used for clothing etc what can be used at both houses.

If either of you will be renting, then for Housing Benefit its only the persons house where Child Benefit is paid that counts, but the above website will flag that up for you.

Many thanks for the information.

I can let her claim the Child Benefit I don't mind, but I want the Shared Care Arrangements Order to state "XXXXX lives with both parents" (don't ask me the reason for that, let's just say that unfortunately I know who I'm dealing with...).
Reply


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