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One child with each
 
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[Solved] One child with each


Posts: 4
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Topic starter
(@PeteH)
Active Member
Joined: 13 years ago

Hi

Just joined today as i was hoping someone can give me some advise as i am struggling to raise money for a solicitor.

I have 2 children (Daughter17 at college living with mother & Son14 living with me).
My son decided that he wants to live with me & has been with me now for several months now.
My ex is still claiming child benefit for both children and i have reduced my payments to her (personal agreement).
Should i now claim the child benefit for my son and does the maintenance guide allow for me having one child with me full time (or am i being dim?)

Any help or advise would be very much appreciated.

Thank

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi PeteH and welcome 🙂

If you dont mind me asking, if you are able to reach agreement with the ex over reduced payments, it sounds as if you are able to communicate. Why do you feel you need a solicitor?

In answer to the child benefit question, It is your right to claim the child benefit for your resident child.

Is the maintenance you pay through CSA, or is it an informal agreement made between the two of you?

As your daughter is still in full time education then you are still liable to pay maintenance to your ex, as she is the resident parent of your daughter. If your ex is also working I think she would also be liable for maintenance payments to you for your son, as you are his resident parent.

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 actd
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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

in addition to NannyJane's comments above, if you have reached an agreement, change that and each of you claim child benefit for one child (though the 17 year old won't be eligible for too much longer) - it works out more than one parent claiming for two, and as long as the situation is genuine, it's quite legitimate.

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(@PeteH)
Joined: 13 years ago

Active Member
Posts: 4

Many thanks to you both for your time.

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Registered
(@PeteH)
Joined: 13 years ago

Active Member
Posts: 4

I had thought about a solicitor as my name is still on the mortgage (7 years after moving out) and i am forced to rent.

She is entitled to half of my pension when i retire apparently (i'm 46 at the end of the year) and we have briefly discussed that a lump sum will be taken off my entitlement to the house.
Regarding the house i was originally in there before we got together (and paid a small deposit) and left all the contents - is it normally expected to be a 50/50 split on the property value when i moved out?

The maintenance has always been paid by d/debit through an informal agreement.

I was unsure on exactly what the payments should be paid to her as i now have my son and she is still claiming child benefit for him (instead of me claiming it).

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

I would be inclined to let things run for a year if it's working reasonably well, but once your daughter leaves college, then only your son is qualifies for child benefit, at which point you can ask for that to be paid to you, and you could also ask your ex for maintenance - if she is on benefits, then it's a flat rate of 5 per week (I read somewhere that it's going up to 10 per week next year, but not 100% sure of that). Otherwise, you could go for the child benefit and maintenance now - it all depends on whether there's an advantage - financially and with the cordial relationship you seem to have with your ex - to trying now or leaving it for a year.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...As you are looking for advice on the mortgage situation, have you thought of trying the Citizens Advice Bureau? They have a legal department and I'm pretty sure that they will be able to give the right information. Its worth a try and its free! 🙂

As far as the 50/50 split...I believe you're right, the amount you would be entitled to would be 50% of the value of the house at the point you left it. You maybe entitled to the deposit as you were single when you paid that. I'm sure the CAB will be able to clarify things for you.

Good luck.

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(@PeteH)
Joined: 13 years ago

Active Member
Posts: 4

Many thanks again to you both for your time,information and help.

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