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Hi my 13 year old daughter has been living with me full time now for 8 weeks she wants to remain living with me there are no court arrangements in place only amicable verbal arrangements between me and her mom to when I saw my daughter in the past but gradually my daughter has been staying with me for longer and longer until 8 weeks ago where she hasn't gone back to her moms and doesn't want to.
Her mom hasn't asked when she is going home either ( a long story but she has never wanted my daughter only the money it brings)
Can I claim child benefit now ? her mom is still claiming it and child tax credits and I pay maintenance ( but waiting on an appeal date due to my daughter being with me for more nights than her mom initially )
I have always wanted my daughter with me because of the way her mom has been with her from the day she was born I'm elated she has come to live with me now at her own choice but why should my ex still get the benefits ?
I have always paid maintenance to my ex even though I have always been the one to clothed my daughter including her school uniforms I pay for school dinners take her on lots of holidays every year . Mozza
The would have to confirm with your ex that she agrees that your daughter is living with you, so the question is would your ex start to reassert that your daughter lives with her if you were to try to claim child benefit. If you think that's even a remote possibility, the I would stick it out for longer, keep records (a diary) of all contact and where she is staying etc before trying, and I would be inclined to ask your ex first if she'll agree to it rather than just applying for it, so it doesn't come out of the blue.
The would have to confirm with your ex that she agrees that your daughter is living with you, so the question is would your ex start to reassert that your daughter lives with her if you were to try to claim child benefit. If you think that's even a remote possibility, the I would stick it out for longer, keep records (a diary) of all contact and where she is staying etc before trying, and I would be inclined to ask your ex first if she'll agree to it rather than just applying for it, so it doesn't come out of the blue.
Hi There,
You can apply for child benefit and that will actually help with your child maintenance appeal, the only issue is that when you ask for it to be transferred there is a strong chance that your ex will suddenly want your daughter back living with her.
it may be better to try and deal with where your daughter lives before you approach that if you apply to court for a residency order then that would sort things and then you could apply to get everything transferred to your name.
at 13 I'd hope that the courts should you go that route would take her feelings into account when the hear the case.
GTTS
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