help needed about family tax credits?

**Amy** · 3rd September 2008, 13:55:PM

Re: help needed about family tax credits?

Originally posted by jules2008 View Post

apparently he and his new partner are going to CAB to get custody of our son and claim any extra benefits they may be entitled to.

The above quote about claiming the relevant benefits is very telling for me and how excactly do they think going to the CAB will give them custody of your son?

I am not too sure about the working tax credits, but I would have thought they are usually paid into either a joint account (both parents) or a nominated account either father or mother, but usually the mother.

How old is your son? Does he want to live with them?

**jules2008** · 3rd September 2008, 14:20:PM

Re: help needed about family tax credits?

my son is 12 yrs old 13 end of october.

i think the tax credits goes to the mother i believe but as i am a single parent this is not in question. My question is if my son is not living with me will i be able to still claim the working tax credits?

As i want only the best for my son if he wanted to live with his father then i would consider it but how can a 12 year old know what is best for him? like i said he believes that i cant afford to look after him.

plus knowing my son he will be with me as much as he was before which means equally the same as his father(even though he has no parental responsibility)

i dont believe that it is best for my son to live with his father as they argue regularly and my ex has a drink problem and i think she has post natal depression.

so can i still claim working tax credits for my son and to be honest i need to know as i rely on that money to help pay for essential bills eg mortgage etc
the thing is i could put my foot down and say that my son is only allowed to see his father at weekends and if my ex partner wants to try to get custody then he will have to go to court etc

But i want to do what is best for my son i am paying a mortgage at the moment and to be honest the house is for my son anyway but this is not how they see it.

Also if my ex was givin custody of our son would i then have to pay him maintenance?
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i really dont know what they intend to do or what advice the CAB will give them but my issue is if i have a custody battle on my hands i need to be able to think clearly.
As you may be aware i have financial problems which through this wonderful site i am slowly digging my way out of and the last thing i need is another problem but if it comes to it and i cant claim family working tax credit (because i have a 12 year old who is dependant on me) then i may loose my home so i have to consider these issues whilst facing everything else.
thanks for your help in this matter

**fuzzybrain** · 3rd September 2008, 15:17:PM

Re: help needed about family tax credits?

Hiya. I can help answer a few questions on the custody, PR, residence side

If you and your partner were never married then he does not have parental responsibility for your son. the only way parental responsibility (PR) can be obtained (previous to 2003, as the rules changed then) was via marriage to the mother or by the father applying to the courts for PR. If neither of these happened then he has no legal right to insist your son reside with him.

You can, by law, insist your son is returned to you and can ask the police to intervene on your behalf. however given your son's age then he can "vote with his feet" sort of speak and the police may decide not to remove him from your partner's care if he was not in immediate danger and not suffering any harm, although they would try and persuade your son to come home. if your ex was drunk when the police called roudn then they would remove your son from his care.

Ypu partner has no right to custody of your son, nor does he have any access rights. At the moment it is pnly down to your good grace he is allowed to see his son, it is not a legal right. he will have to access the courts for this right. The CAB maybe able to advice him, but they will only say "go see a solicitor"

If your ex wants custody of your son, then he needs to apply to court for a residence order. The court will most likely order a section 47 report (which will look into the wishes and feelings of your son and the ability of each party to meet your son's needs -if your partner drinks then this will go against him as being assessed as a suitable carer). Ypu mentioned you have a special order for your partner to stay away - I'm assuming this was an injuction. Do you still haev the paperwork for this as it will have the expiry date on it. This is also very useful to presernt to a court in evidence. This can be a long drawn ouut process and to begin with your ex will need to apply for PR (although if he saw a solictor they would probably submit both applications at once). You can object to PR being granted and will need to explain your reasons to a judge why PR should not be granted to your ex. i would suggest you make an appointment with a family law solicitor and take all evidence with you (phone calls, diary of events etc) and ask the best way to proceed.

I'm not sure in regards to your financial situation if you would be entitled to legal aid. Your first appointment would be free, so it is well worth seeign a solicitor for advice.

There is a brilliant website we often refer the families we deal with too called family rights group - www.frg.org.uk although they only really deal with families involved with social services, but they maybe able to signpost you to a better resource.

I don't know anythign about the benefits side, sorry.

**breeze1996** · 3rd September 2008, 17:18:PM

Re: help needed about family tax credits?

I think i can see what they are trying to do.

More children bigger house from council.

They want to say the child is living with them so they can claim his child tax credit and income support for him as well as the Child Benefit. About £47 pounds aweek as a guess.
i would expect your Family tax credit about would be lost to them as the money is paid if you work, as they are on income support they already get it paid for the child you said they have. However you would lose it if you have no child at home.

If he lives with them full time they will be trying to put a claim in for him, I bet you would find the CSA were after you too.

Try sitting your child down and explaining to him that you love him and can afford for him to live at home.

Quote from tax credit leaflet.

We pay the childcare element of Working Tax Credit directly to the main carer for all the children in the family, along with Child Tax Credit.

Also if you lose your house having your son live with you means you get help finding somewhere to live for the DHS.
It's a lot harder if you are just a single person to get a house..........

**fuzzybrain** · 3rd September 2008, 20:04:PM

Re: help needed about family tax credits?

The important thing to remember is that your ex does not have PR. This gives you ALL the power as you ex can only have your son living with him if you agree it. If you don't agree then he will have to go to court for a residence order. At present your ex couldn't even give permission for your son to have a plaster put on his little finger, let alone make decisions about his residence status. He has no rights to your son, perhaps he realises this and that's why they are trying bully tatics, hoping that you will give in and allow him to move in.

If he tries claiming for your son at the same time as you let the benefit agency know that he does not have PR or a any legal order allowing your son to reside wth him and that legally your son resides with you and you do not foresee that changing.

Try talking to your son. Be honest (without scaring him) about your financial situation - tell him things are financially tight and that you have to be careful with money, but you are sorting things out and that you will always have a home together and that you love him. Encourage him to talk to you about any fears he may have and try and answer them honestly but not give him too much adult info.

Kids are a lot more understanding and know far much than we think they do, no matter how much we try and protect them from things!!!!

**jules2008** · 3rd September 2008, 22:07:PM

Re: help needed about family tax credits?

Thank you very much for all your advice. I think what i will do is use the link that you provided and go to the CAB see what they say and how i can move forward on this. I am not going to make any rush decision and will try and find out all the facts first.
But it does seem to be a matter of money and not what is best for my son as he was quite happy with the arrangements we had already.

What i am trying to avoid is my son getting caught up in all this so maybe it is just easier to let him live with his father if that is what he wants and just let my son know that i will be here for him no matter what happens. Even if it means losing the house which was suppose to be part of my sons future.
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i hope that i wont lose my home if the government pull their finger out and put the new helps in place for people in financial difficulties and also if i get my bank charges back. but i wont hold my breath

**theGobbyOne** · 4th September 2008, 10:20:AM

Re: help needed about family tax credits?

I know you are saying that you are in no rush BUT the longer you leave your son at his fathers I would think it will be harder to show in a court that he should come home.....The courts do not like breaking the status quo for a child........Meaning that the less upheavel there is for him the better....Outspoken was right your child is old enough to be listened to and indeed he would be if it goes to court as he would be assigned his own guardian appointed by the courts(CAFCASS).....Please Jules dont leave it till it settles down as time counts....The family rights group are fantastic as I have used them myself for advice..........At the first opportunity PLEASE GO TO A SOLICITOR...........Good Luck xxx
(((((((((((((((((((((((((((((((((((((((hugs))))))) )))))))))))))))))))))))))))))))))))))))))))

And at the risk of being told off I wanted to say that your son is way more important than bricks and mortar honey............You need to prioritise whats the most important issue here and once you have done that stick to 1 thing at a time as if you try to do everything at once it will drive you mad.

**fuzzybrain** · 4th September 2008, 10:45:AM

Re: help needed about family tax credits?

Also you have expressed concerns that your ex has a drink problem and that you feel his partner is suffering from post natal depression - is this really hte best environment for you son to be in at the moment? Are you sure that your son is happywith his father, or is it that he is trying to make things easier for you?

Do you have an extended family member that could talk to your son to see how he really feels about the way things are and what he wants to happen??

Please talk to a solicitor before you decide on a course of action. I know it's a really emotional time and the finanical pressure is horrible and addign so much more stress to everything, so if you need support then just ask, there are plenty of people here on this site that will offer a shoulder to cry on and a listening ear

**Ladidi** · 5th September 2008, 21:03:PM

Re: help needed about family tax credits?

Hi,

I have not read all of your problem, but my hubby and I had problems similar to this, when his Son came to live with us and his ex refused to relinquish the child benefit. Anyway, thats another story, the way we were told and understand the law of who can claim it is the person with legal responsibilty for the child and also if at some point should the child stay with whoever for however many nights, the person who claims the child benefit is the person who can claim the working tax and child tax credits, unless the address of the child changes for permanent reasons. So basically the person who makes the claim is who the childs resides with not matter how many nights they stay with the other partner. ( childs main home address or place of residence )

CAB cannot tell anyone they have rights to claim or have custody of..only the courts can force and issue with regards to what is in the best interests of the child. CAB can advice you however to make claims for the above benefits but that does not mean you will get them. As I said, the parent who claims the family allowance is the only one who can make such claims and be paid.

Working tax and child tax benefits and family allowance will only be paid to one person/family. Whilst this is being to yourself namely your ex cannot claim a penny he could not even make a claim for school dinners as he is NOT in receipt of child benefit for the said child.

I would say your ex is trying to scare monger you, knowing you have problems pressing on your mind he is playing mind games with regards to your son. Keep the tapes of his new partner threatening you and go and seek LEGAL ADVICE in order to stop him pressuring you and coming to your home threatening you. If his new partner continues to make threatening phone calls, you can call the police and make a complaint and also the telephone service to which they are registered as they are using the telephone service in threatening way they can be disconnected, as telephones service providers have to tell their customers their services will not be allowed to be abused in any manner of speaking.

**theGobbyOne** · 5th September 2008, 22:38:PM

Re: help needed about family tax credits?

Well guys just to put a cat amongst the pigeons I also know someone who's parents have a residence order for 2 of her kids and SHE still gets ALL benefits for the kids............In any situation like tihs legal advice IS imperative..............So I suggest you go and get some.....Am not an expert but family law is so bloody complicated you need to.

**jules2008** · 5th September 2008, 22:45:PM

Re: help needed about family tax credits?

thanq ladidi for your comments they were very helpful and i now feel much calmer and happier as i know that he has not got a leg to stand on.

If i get further abusive calls i will indeed inform the police and hopefully get them cut off and if necessary a court order to keep them from contacting or visiting my home. which is not going to look good for them if they are trying to get custody of my son and also could turn my son against them.

thanq outspoken for your compassionate reply you have restored my faith in mankind.

**fuzzybrain** · 5th September 2008, 23:01:PM

Re: help needed about family tax credits?

I work in this field, so I have seen so many cases like this and seen the emotional tramua you are going through. You are not on your own and you have support for whatever decision you feel is best for you and your son. I know it must feel very lonely and frightening at the moment but please remember you do not have go through this on your own support is here for you in whatever way you need it.

It must be really hard, but please remember you have friend

**Ladidi** · 6th September 2008, 07:49:AM

Re: help needed about family tax credits?

Originally posted by theGobbyOne View Post

Well guys just to put a cat amongst the pigeons I also know someone who's parents have a residence order for 2 of her kids and SHE still gets ALL benefits for the kids............In any situation like tihs legal advice IS imperative..............So I suggest you go and get some.....Am not an expert but family law is so bloody complicated you need to.

With regards to your friend, I dont know the legal implications of this, but I am sure if the department of work and pensions and CTC/WTC find out that they are paying out twice for the same kids, one of them will find themselves with a massive repayment claim. I understood that the implications of law stood at who ever was in receipt on child benefit for the child is the one and only one who can claim anything, if you are not being paid this, you are not entitled to anything full stop.

**jules2008** · 6th September 2008, 13:43:PM

Re: help needed about family tax credits?

are we saying that you have to be in receipt of the non means tested benefit that even the queen gets for each child? child benefit is it approx £70 for first child and then you get an amount for each child. if you are in receipt of this then you can claim other benefits just to clarify what has been said.

help needed about family tax credits?

help needed about family tax credits?

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