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Joint custody and m...
 
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[Solved] Joint custody and money issues

 
 j2
(@j2)
Trusted Member Registered

Hi guys

Court case for children is currently ongoing, but in the interim I have agreed to sharing custody of our kids 50 / 50.

Ex receives legal aid and never gives a penny towards the children.

I privately pay for a solicitor, run the family home and pay for absolutely everything for the kids.

Since I agreed to this new arrangement, ex keeps bugging me with texts, which she normally does anyhow, but now she's asking for money.

I've been out of work for almost a year and times are very tough as you can imagine. I can't afford to run my home as well as give her money.

Please help

Quote
Topic starter Posted : 31/08/2014 12:44 pm
 Mojo
(@Mojo)
Illustrious Member Registered

As you have shared custody and its 50/50 then you aren't liable for any maintenance under the new CMS rules. That's as I understand it anyway.

I think you will just have to say no to her and explain that you are not working and at the end of the day as the care is shared then you don't have to.

ReplyQuote
Posted : 31/08/2014 3:01 pm
j2 and j2 reacted
 j2
(@j2)
Trusted Member Registered

Thanks Mojo

I understand about csa payments, but what about benefits?

I receive the tax credits and the child benefit, and this is what my ex is pressuring me for.

Do I have to share the money with her?

ReplyQuote
Topic starter Posted : 31/08/2014 4:01 pm
(@Nannyjane)
Illustrious Member Registered

As you are in receipt of child benefit and tax credits then the authorities consider you are the Parent With Care.

I don't think you have to share these benefits but as you are sharing care of the children then it might be fair to share the benefits you receive...of course this is discretionary.

If you have two children you could consider allowing her to claim child benefit/tax credits for one of them. Or you could share informally. You could supply extra food etc for the children whilst they are with her...it's really up to you.

Contact issues are completely separate from maintenance and so one does not effect the other at all.

ReplyQuote
Posted : 31/08/2014 4:21 pm
j2 and j2 reacted
 j2
(@j2)
Trusted Member Registered

Thank you NJ

Cafcass will be submitting their s7 report shortly which may affect the current contact arrangements if it supports one parent over the other.

Kids have been with me for almost a year and my ex has not even contributed a penny towards our children.

Ex and her solicitor have been using legal aid to wage her personal vendetta against me.

The size of the case is excessive due to the dirty tactics of the other side, which has also resulted in huge financial problems for myself as I a privately pay.

I don't mind sharing monies, but I am currently in no position to do so - I am in debt because of her and the court case is still ongoing.

Im trying to be amicable and do what's best for the kids, sadly my ex is bent on harassing me and making my life a misery.

If I give, it'll never be enough for her and she will still pester me; and if I don't, it'll be another stick for her to beat me with.

ReplyQuote
Topic starter Posted : 31/08/2014 4:34 pm
(@Nannyjane)
Illustrious Member Registered

If you feel that she is abusing her legal aid funding you can ask the legal aid board to look at her case. If they find she is they can recind her funding.

ReplyQuote
Posted : 31/08/2014 5:19 pm
j2 and j2 reacted
 j2
(@j2)
Trusted Member Registered

I'm only just realising and coming to terms with how my ex, her solicitor and this whole process as affected my confidence.

I guess it's going to be a long road to recovery.

Just trying to find the courage to report her and her firm; I am always worried about putting a foot wrong, feels like I'm walking on egg shells

ReplyQuote
Topic starter Posted : 31/08/2014 7:11 pm
(@Nannyjane)
Illustrious Member Registered

I can understand that....I hope you find the courage to fight back!

ReplyQuote
Posted : 31/08/2014 9:46 pm
j2 and j2 reacted
 1626
(@1626)
Noble Member Registered

Hi j2

Hope things start looking up and your case goes well.

My sister-in-law was in this position & her & the ex did what NJ suggested. They each claimed for 1 child in respect of tax credits and child benefit. Maybe it's something to consider once your arrangements are finalised....

Good luck πŸ™‚

ReplyQuote
Posted : 31/08/2014 11:19 pm
j2 and j2 reacted
(@dadmod4)
Illustrious Member

Hi j2

Hope things start looking up and your case goes well.

My sister-in-law was in this position & her & the ex did what NJ suggested. They each claimed for 1 child in respect of tax credits and child benefit. Maybe it's something to consider once your arrangements are finalised....

Good luck πŸ™‚

There is financial sense in each claiming for one child for child benefit, in that each parent gets the First Child allowance, so between them, the parents would get Β£41 per week instead of Β£34 per week in one parent claimed for both, and it's perfectly legal.

ReplyQuote
Posted : 03/09/2014 10:36 pm
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