Child maintenance ????????
Ok, ill try and make it short with out all the ins and outs. Im in the uk and have split up with my misses and we have a 6 month child. I want to support my child so offered her a monthly amount and will up it when he starts school. She has agreed, Im gonna do it by cheaque so i can prove it but she does not want to sign an agreement and she says i should trust her. I do but i think she is getting family allowance and working tax credits she filled out the forms when we were together. My questions are is she still entitled to the family allowance and working tax credits even if were not together any more and is doing it by cheaque each month gonna cover me for any fraud or miss claims she may do in the future not that i think she will i just want to cover my self. Uk answers only because its different in the usa. Thanks for all your help in this hard time im having
is there any need for legal advice i can prove im paying her same amount each month with my bank statements
Tagged with: bank statements • family allowance • fraud • hard time • ins and outs • legal advice • misses • usa thanks • working tax credits
Filed under: Fraud Information
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you need a attornery
Get legal counsel, whether in the USA or UK legal aide is always a good idea. Otherwise you may get burned…
get help legally
In the US if you do not go through a court, the money you pay is considered a gift. Not support!! I suggest you go through court and have it filed that way you are protected.
Family Allowance is no longer in existence in the UK; the primary benefits for children are Child Tax Credit and Child Benefit.
Child Benefit is payable to ANY child in full time education, up until they are 19 and 20. It is not means tested an your wife I’m sure is getting this.
Child Tax Credit is also available, and is quite generous in the amounts you can earn before losing it – unless you were earning a lot I’m sure your wife was claiming it, and depending on your income she may also have been receiving Working Tax Credit. However if you are married, or living together with a partner any tax credit claim must be joint, even if it is paid to only one parent – so your income would have been taken into account.
Now you’ve left your wife will have to claim tax credit as a single person… you don’t need any formal separation, just splitting and living apart will do it. If your wife was claiming Working Tax Credit then unless she works the claim will end, she will still be entitled to Child Tax Credit though.
I wouldn’t worry too much about this; your wife is the claimant so she has to tell them the amount of any maintenance paid – as it is her claim SHE will be the one in trouble if she hasn’t declared a change in circumstance.
If your wife is not working it is likely she will be entitled to Income Support – at which point she will be legally obliged to give your details to the CSA and they will decide how much maintenance you pay; unfortunately your little agreement – even if signed in front of a solicitor – will have no bearing on the CSA, they are legally entitled to arrange the amount you pay themselves.
I wouldn’t worry unnecesarily, your child needs the money, and if you keep the proof it will show you are a responsible father. Also it will help if your ex ever decides to withold access.
Good luck