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Ex is claiming child tax credits? is it wrong?
#1
Hi, I have a question.

I am very lucky, my son lives with me. Since my ex and I split in November 2018 he has had 3 overnight stays with her. Mostly because his cousin was there otherwise he does not want to stay overnight.
The routine is, she collects him from school Mon,Tues,Wed @ 3:15pm, she goes to work at 3:45pm, my son is cared for by her parents till 7pm, she sees him till 8pm and brings him home. So 1.5hrs a day x 3 days is 4.5 hours during the week. On Saturdays sometimes she has him for 4 - 5 hrs, nothing guaranteed just how the weekend goes.

I provide everything my son needs, I do the day to day stuff, feed him, clothes washing, school runs, fun time etc, my ex wont contribute towards the school uniform costs.

I earn too much to claim any tax credits. I work fulltime but I do claim the child benefit as that is not means tested.

What is annoying me is that my ex is claiming the child tax credits and probably a family element and still wont help with the school uniform, trips etc. Shes actually on universal credit and they wouldn't know any different because there is no counter claim from me. Is she exploiting a loophole by simply telling them my son lives with her? who would know any different if I don't claim. CB and CTC are not connected.

She seems to not have much money but she smokes daily, gets her nails done, drives a car. Actually I am not bothered she claims the child tax credits if only she contributed a little bit out of principle. In generally I don't need the money but we both are supposed to support our child. Also if she gets money to ensure she can afford the flat she lives in and there is a bedroom for my son then hopefully one day he may wish to stay. I don't want to be responsible for my son having nowhere to be with his mam. I'm trying to help them get a better relationship.

The reason this has come to a head is because now she is being awkward and will not let me take my son abroad for a holiday. I need consent from her as she has parental responsibility. 
I have not planned it yet but it would be no more than 10 days, something like Benidorm. 
She is blackmailing me and wants me to give her the child benefit money in return for consent. The blackmail is that she will phone the police claiming I've been emotionally abusive, controlling, stalking etc. 
There has never been any involvements from court, this is just how our situation is. My sons school and doctors are at my address.

I think my son (who's only 7) choosing he wants to live with me, and having problems spending much time with his mam shows I am a good dad. I don't want to bad mouth her but she struggled to show our son any love and affection for a long time and rarely any quality time. She has mental health problems. I don't need to defend myself, I did nothing wrong, maybe a few nasty words said after the breakup but she cheated! I'm not looking to punish anyone because I got hurt.

My counter threat to her police threat is that I will tell the benefit fraud squad if she wont let me take my son on a holiday abroad. However, is she actually entitled to claim what she does and I am in the wrong? she thinks she is entitled because she provides a room for our son.... 
It is my opinion that she has to have main responsibility.
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#2
(05-17-2019, 03:29 PM)vincent1684 Wrote: Hi, I have a question.

I am very lucky, my son lives with me. Since my ex and I split in November 2018 he has had 3 overnight stays with her. Mostly because his cousin was there otherwise he does not want to stay overnight.
The routine is, she collects him from school Mon,Tues,Wed @ 3:15pm, she goes to work at 3:45pm, my son is cared for by her parents till 7pm, she sees him till 8pm and brings him home. So 1.5hrs a day x 3 days is 4.5 hours during the week. On Saturdays sometimes she has him for 4 - 5 hrs, nothing guaranteed just how the weekend goes.

I provide everything my son needs, I do the day to day stuff, feed him, clothes washing, school runs, fun time etc, my ex wont contribute towards the school uniform costs.

I earn too much to claim any tax credits. I work fulltime but I do claim the child benefit as that is not means tested.

What is annoying me is that my ex is claiming the child tax credits and probably a family element and still wont help with the school uniform, trips etc. Shes actually on universal credit and they wouldn't know any different because there is no counter claim from me. Is she exploiting a loophole by simply telling them my son lives with her? who would know any different if I don't claim. CB and CTC are not connected.

She seems to not have much money but she smokes daily, gets her nails done, drives a car. Actually I am not bothered she claims the child tax credits if only she contributed a little bit out of principle. In generally I don't need the money but we both are supposed to support our child. Also if she gets money to ensure she can afford the flat she lives in and there is a bedroom for my son then hopefully one day he may wish to stay. I don't want to be responsible for my son having nowhere to be with his mam. I'm trying to help them get a better relationship.

The reason this has come to a head is because now she is being awkward and will not let me take my son abroad for a holiday. I need consent from her as she has parental responsibility. 
I have not planned it yet but it would be no more than 10 days, something like Benidorm. 
She is blackmailing me and wants me to give her the child benefit money in return for consent. The blackmail is that she will phone the police claiming I've been emotionally abusive, controlling, stalking etc. 
There has never been any involvements from court, this is just how our situation is. My sons school and doctors are at my address.

I think my son (who's only 7) choosing he wants to live with me, and having problems spending much time with his mam shows I am a good dad. I don't want to bad mouth her but she struggled to show our son any love and affection for a long time and rarely any quality time. She has mental health problems. I don't need to defend myself, I did nothing wrong, maybe a few nasty words said after the breakup but she cheated! I'm not looking to punish anyone because I got hurt.

My counter threat to her police threat is that I will tell the benefit fraud squad if she wont let me take my son on a holiday abroad. However, is she actually entitled to claim what she does and I am in the wrong? she thinks she is entitled because she provides a room for our son.... 
It is my opinion that she has to have main responsibility.

Universal Credit is not the same as Tax Credits.

You might want to see if you are entiteld to anything.

Fill in http://www.entiteledto.co.uk as if the child lives with you, and if any entieltment, put in a claim.
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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#3
I'm not entitled to anything unfortunately. I have already tried.

There is no regulations I can find as to what the criteria is for claiming the child element of universal credit.
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#4
(05-17-2019, 03:41 PM)vincent1684 Wrote: I'm not entitled to anything unfortunately. I have already tried.

There is no regulations I can find as to what the criteria is for claiming the child element of universal credit.

I have checked with the Admin on a Facebook Universal Credit Group, and she can only claim for a child if she has the child more than you, and therefore gets CB. His advice is report it as fraud and put in a cliam anyway. As part of the process, they will then pick up faster on the fact that someone else is claiming, and it will go to a Decision Maker. You produce evidance you get CB and the Court Order, and her fraud is stopped. The fact that you get no award does not come into this.

My advice is to put in a claim via CMS for Child Support, unless its covered by any Court Order.
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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#5
Thanks for taking the time to check this for me.

This is a last resort really. I know she can’t afford her home without the child tax credits. Fraud or not.

There is no court order that I have my son. We are actually in child counselling because he only wants limited time with her and is struggling to stay overnight.
I still take photos as evidence where he is every night.

The things in my favour is the child benefit and the school and doctors in my address.

I heard that child benefit has no influence on child tax credits element of universal credit.

I don’t want to screw her over. I just want my son to have a bedroom there if he ever wants to stay. I want to take him on holiday without blackmail, I want her support with school clothes. Not too much to ask for is it!
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#6
(05-17-2019, 09:02 PM)vincent1684 Wrote: Thanks for taking the time to check this for me.

This is a last resort really. I know she can’t afford her home without the child tax credits. Fraud or not.

There is no court order that I have my son. We are actually in child counselling because he only wants limited time with her and is struggling to stay overnight.
I still take photos as evidence where he is every night.

The things in my favour is the child benefit and the school and doctors in my address.

I heard that child benefit has no influence on child tax credits element of universal credit.

I don’t want to screw her over. I just want my son to have a bedroom there if he ever wants to stay. I want to take him on holiday without blackmail, I want her support with school clothes. Not too much to ask for is it!

What you need is a Child Arrangement or Spercific Issue order, as without one, you need consent from everyone with PR to remove a child from the UK. Where a CAO says "Lives with", this gives that parent the right to remove the child without consent, for up to 30 days, but it does not give them the right to do it during contact time.
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


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