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We got asked the following question and thought it might be of interest to some others out there in the Dad Talk Pub Forum. 🙂
I am involved with my children on a shared basis, the children live with me every other week. The summer holidays is shared i.e I have the children for four continuing weeks. Can I have the child benefit paid to me and if yes how can I go about to get this sorted out.
The info that we found out came via a really helpful chap on the Child Benefit Hotline on 0844 496 8888. He said that in this kind of situation people need to send in an application for child benefit for the weeks that the child/ren live with them.
What the child benefit people then do is treat it as a rival claim. The application is investigated by head office and they will make a decision on who gets what.
From what we can tell, and please don’t except that as fact, is that if the child is staying at your house and has a room and belongings there then you may have reason for getting a percentage of the benefit.
Call the child benefit information hotline on 0844 496 8888 or visit their website on http://www.child-benefit.org.uk and you can make your claim on line
So i live in Asia,we were together here for our 3 years of marriage.We split 18 months ago and she left with my child for the UK.i fly home to the UK every 4 weeks to see my child,sometimes for just a 44 hour weekend .We were married for 3 years and for the last 15 months + i have paid 1500 GBP a month rent and 1500 GBP maintenance.After receiving close to a 50 % paycut i continued to pay the same amount but its become impossible to live on what i have left so i decreased to 2000.Since this my communication with my 6 year old is almost non exsistent and the promised webcams every weekend never happen. Am i still paying too much? Im forever in limbo as to when and if i can actually see my child and have given up on the webcams as just upsets me.I have spent a small fortune on lawyers fees and was made to pay for hers.My final court hearing is in februarty but im having to represent myself as i cant afford to pay these fees any longer.Im lost as what to do.My Lawyers didnt seem to bothered about it and at 500 quid an hour id have hoped for more.I have decided to move back in JAnuary to the UK as the commute is killing me plus too expensive but im worried it will only get worse for me once im back in the UK.....Any suggestions?
Thanks
Hi ifonly72
Have you spoken to your partner about how your trully feeling about not at least seeing your child through web cam?
And are you studying or working in asia and if possible could it be done in the uk were you would have better acess to your children, even if it isn't as high calabure in asia?
JJ
Hi ifonly72
As your son and his mother are now residing in the Uk all this will come under UK law, therefre we have asked our legal experts to log on and give you some free advice for when you get back to the UK in January.
Thank you for your reply..
I have tried many tims to speak about the importance of communication but it falls on deaf ears.Im promised time and time again that it will happen and never does. Its heartbreaking.
I work in Asia and have done for a few years.
Dear ifonly72,
Thank you for contacting the Children’s Legal Centre, an independent charity concerned with law and policy affecting children and young people.
Generally, maintenance can be agreed between parties or claimed through the Child Support Agency.
If the amount you are paying is agreed then this can be changed by either party at any time, although the consent of the other person should be sought it is not required.
As you are living abroad it seems that the maintenance you pay would be by agreement, which means that if the amount is no longer manageable for you then you can reduce this.
If you are paying maintenance through an agency, then you can contact this agency and ask that they reassess the maintenance that you should be paying.
Once you return to the United Kingdom, you or your ex partner are able to contact the CSA to ask them to assess your maintenance liability. Alternatively, you are able to reach an agreement yourselves.
You can complete a maintenance calculator on the CSA website which will give you an estimate of the amount you should be paying. This calculator can be found at https://secureonline.dwp.gov.uk/csa/v2/ ... enance.asp .
With regards to you having contact with your child, once you are in the UK you are able to apply for contact using the court system if you and your ex partner can not come to an agreement regarding this.
When an application is made to court by a non resident parent for contact with a child, the court will look at all the circumstances and will generally grant some form of contact, unless it would be against the best interests of the child to do so.
We hope this information has been useful to you. For more information on maintenance you can contact the Child Support Agency Helpline on 08457 133 133, or Child Maintenance Options on 0800 988 0988.
If you require further advice on issues of child law, such as contact with your child then please contact our Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help.
Kind Regards
Children’s Legal Centre
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