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Hi Guys, just joined this forum because I have a problem and need some answers if somebody can help please.
My live-in partner and I have agreed that it would be best for us to separate. It's amicable and we communicate well. I am on low income, she is on virtually nothing, and so we claim Child Tax Credit and Working Tax Credit. We have twin boys aged 6.
The problem is that because of my low income, if I were to move out and leave her with custody of both boys I would lose all eligibility for Child Tax Credit and my only option would be shared accommodation, a bedsit or maybe a small flat. This would leave me in an impossible position when it comes to spending quality time with my boys and obviously absolutely no chance of having them stay with me for any nights at all!
So I suggested that we take legal custody of one twin each but share the actual parenting time 50/50 for both. This way we could both make independent claims for Tax Credits as the carer of each child. She agreed. But then she spoke to a friend who said this was illegal. I don't think it is but I've spent the last 3 hours trawling the 'net trying to prove this one way or another with no luck.
Could someone please confirm or deny the legality of splitting the legal custody of twins then making independent Tax Credit claims and provide a link to prove it so I can show my partner and temper her fear. Or conversely crush my hopes and leave me wondering which way to turn next.
Appreciate it.
Hi there,
I'm pretty sure this isn't illegal, I think it's a pretty fair way of trying to ensure the best for your boys.
It's great that you are able to make the split amicably, it so much better for all concerned, but most importantly for the children.
I'm not sure where you would find written proof that this is the case, but I'm sure the CAB might be able to help.
Sure. Thanks Mojo. CAB was on my to-do list tomorrow π
Let us know how you get on. Good luck!
I agree with Mojo - if there is an agreement between you that each of you will care for one child, then I am sure what you want to do is perfectly legal. It may be worth getting a written agreement between you - the only thing I would point out is that you probably will have to split the time they are with each of you 50/50 or pretty close to, but you don't have to split the twins - one is living with you and the other is staying over, and the other way around for your ex.
I know this is a really old post but it's still ongoing... I thought that an update might help others and this is somewhere I can vent...
The good news is that Citizens Advice agreed that there's no reason they can see that this shouldn't work and Traci has agreed to go ahead. So we will each have custody of one child and split custody exactly 50/50 - I've created a rota and everything π
But (and forgive my language) what the actual f**k is wrong with people!?!? A a couple of her friends are advising her that she is being stupid and should keep custody of both children because she would be losing out on Β£2750 in Child Tax Credits each year. She's explained that this would mean that I am financially stuffed, living in a bedsit or shared house with no extra space for my boys to stay over... ever.
Their response? "That's his problem."
My advice to your ex....dump the friends!
In the bigger picture this isn't about money, but something far more important, the well being of the kids and a good working relationship between two civilised, separated parents to put the kids first!
It's been a while, more than a while, since I wrote this post but thought I'd thank everyone who commented and let you know what happened.
On final investigation my idea proved a perfectly acceptable, and legal, answer to the problem however my ex (after the conversation with her friend implanted a seed of doubt) refused to comply and kept custody of both boys while I moved out and now have them every weekend. *Every* weekend! I have had two weekends to myself in the last 18 months. It's a mixed blessing but everything's amicable between us, which is great, and as soon as I moved to my own space my eldest of 17 moved in! So I received tax credits for him which meant I could afford to pay rent! Lol.
That has worked out in the end then. Thanks for updating us, even if it has been a while! π
All the best
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