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Unusual.. I won in court and child staying with me.. what to do now?
#1
Hi all.

I have won the battle in court for my little one to stay with me. So now I'm on to new things that I don't have a clue.

Currently the mother claims for everything, and despite the fact that we have 50/50 shared care I have had to pay £270 a month to her... child maintenance services is a disgrace and a ridiculous system.

Anyway.... I won in court.
Little one is staying with me and seeing her mother every 2 weeks for the weekend.

How do I go about now being the one claiming?
I have never claimed for anything in my life, but turning into the primary carer I'll need any help I can get.

According to child services I have to ask for child benefits and then they will know I'm the main carer and therefore I can then claim child maintenance from the mother?
is that right?

does anyone know?
thanks
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#2
yes you got to ring every possible organisation going otherwise your ex will carry on getting paid money that she is no longer entitled too.
I think theres a fair few to ring as well depending on your circumstances. also wether you get child maintenance would depends on if your ex works or you decide it s worth pursuing
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#3
Definitely get the CMS payments starting even if it’s ink the £7 per week. Sets president and form. Worth it
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#4
Your court order saying you have residency should be enough for CMS.

You need to put in a rival claim for child benefit and apply for any tax credits in the normal way perhaps adding a cover note explaining that you now have residency from x date along with copy of court order.
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#5
(07-30-2018, 02:07 PM)mrjones Wrote: Hi all.

I have won the battle in court for my little one to stay with me. So now I'm on to new things that I don't have a clue.

Currently the mother claims for everything, and despite the fact that we have 50/50 shared care I have had to pay £270 a month to her... child maintenance services is a disgrace and a ridiculous system.

Anyway.... I won in court.
Little one is staying with me and seeing her mother every 2 weeks for the weekend.

How do I go about now being the one claiming?
I have never claimed for anything in my life, but turning into the primary carer I'll need any help I can get.

According to child services I have to ask for child benefits and then they will know I'm the main carer and therefore I can then claim child maintenance from the mother?
is that right?

does anyone know?
thanks

1, Phone CMS, and tell them there is a Court Order coming in the post.
2, Phone Child Maintance Options, to set up your own claim for Child Support (you need to speck to options, who give you a ref to go to CMS.
3, Put a claim in for Child Benefit
4, Put a claim in for Tax Credits.
5, If renting, put a call into Housing Benefit to see if you qualify for any help now. Also ask them to check for Council Tax Reduction.
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.
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#6
https://benefits-calculator.turn2us.org....aign=GovUK

I believe this is a one stop page that tells you everything you are entitled to.
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#7
Thanks all for your replies, sorry for taking time getting back to this, I have been on holiday.

Thing is, there isn't a court order saying I'm the sole carer.

the court order is for a shared custody 50/50 and also a prohibihited steps order where child can't be taken from where she is.
the order also mentions the 2 situations....
if mother stays (continues the arrangement above)
if mother leaves - says child to stay permanentely with father.

So I'm guessing I will have to get something, signed from the mother, saying she is leaving the area and child is staying with me right?

then I can go ringing all those places right?
I doubt I'll get any credits or benefits, I'm single and live in privately rented accommodation, but I earn £54k a year... so I doubt I'll get any help.

I just want to stop paying the £300 quid a month I have to give her.. even thought we share 50/50!!! Pisses me right off that I had to give her £300 for August when I took little one 15 days abroad for holidays!
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#8
if you have 50/50 then I'm certain you don't need to pay any CMS
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#9
As long as the court order states how many nights with you, and that reaches at least 50% then just stop paying. CMS will go with a court order above any evidence she might have. Probably best to give her a heads up though.
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#10
I called CMS and they said even though I have her 50/50 I still have to pay because I earn more money than her?

CMS, when looking at my case had all the evidence and confirmation from my ex showing I had at least 50/50 care... they said I still have to pay because I earn more!
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