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My ex-partner and I have a 15yr old son who is about to attend 6th Form College. He currently resides with her but wishes to move-in with me as he has just finished School and would find it much more convenient for the purposes of pursuing his Further Education. She is OK with the move but refuses to relinquish any Benefits forthcoming for his keep! Am I still able to submit my own application for such Benefits should he continue to pursue this course of action (and he is adamant)? Or is she able to block this move on the grounds of Custodial Rights pertaining to his young age? She is reluctant to capitulate/negotiate to any degree with regards 'Child Benefits' even if this hinders his own goals for his future! p.s. I was made redundant 7 mths ago
Any response is much appreciated. :huh:
Hi there, He'll be 16 on 23rd July, but just to clarify things a little more - I'm sure the issue of a more permanent move won't be his mum's objection (he spends a great deal of time with me at mine anyway), but she won't release her grip on the 'Child Benefits' to any degree as a means to help/assist me in supporting him (Whilst Living with me & attending College). Could she even somehow 'Block' any application I make independently ? As this would obviously affect/exclude her own ongoing Claim for our son who will be in further Education. 🙁 In fact, worse case scenario, she 'might' even try to stop him from moving out if she thought she'd be worse-off monetarily!
There is nothing she can do to stop him moving out once he's 16, it's up to him where he lives, and if he isn't living with her, and he lives with you, then she has no basis for making a claim, and you should be able to claim instead. In fact, you would be able to claim against your ex through the CSA for maintenance, as far as I am aware.
However just to be certain on this, I will ask our experts at the CCLC to comment on my view above regarding residence, and also Sarah and Child Maintenance options to see if she is able to comment on the child benefits and maintenance should he live with you.
Thank you for this information its been enormously helpful. Things went as I suspected - when my son approached his mum on the issue she offered £10 per week to me for his keep (which frankly would not even cover his travel expenses to College for the week!) and when it was mentioned that I make my own claim she cried 'Poverty' & told him she could not survive without her 'Working Tax Credit''! so this has really put the lad in a quandary. Lets not forget that presently I am 'Unemployed'' & her status is 'Self-Employed'! (+ she sits on substantial property). I guess if he can hang on until he reaches 16 (not long) he can make his decision without the emotional blackmail! Once again, thank you.
Hi, I'm Sarah, a Child Maintenance Options consultant.
Payments made in regards to children (i.e. child tax credits, child benefit) will, in the vast majority of cases, be paid to the parent with the main care of the child in question or to the household in which that child lives. These are paid for the child and it is only right that the parent who provides the main care, receives the money.
Responsibility for the payment of Child Benefit and Child Tax Credits is that of Her Majesty’s Revenue and Customs (HMRC). A parent is obliged to notify HMRC of any changes in their circumstance which could affect the eligibility of receiving these i.e. if the person with the main care changes. More information can be found here: http://www.hmrc.gov.uk/childbenefit/index.htm
If you need some more information about where you stand legally with regards to parental responsibility, it might be worth contacting Community Legal Advice. Their helpline number is 0845 345 4345.
I know you haven't mentioned child maintenance specifically, but If you are able, try talking to your ex-partner about how you can both contribute financially towards your child's living costs, whoever he is living with. Many parents find that the easiest and most flexible way to do this is through a family-based arrangement. It is the general principle that until a child is 19 years of age (if they're still in education) child maintenance should be paid by the parent without the main care.
For more information about family-based arrangements visit www.cmoptions.org .
I hope this information helps.
Sarah
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