29 Apr 2016

A question about : ex-partner and I split up, now claiming single tax credits

Hi,

My partner and I have split up (her decision) which I have finally accepted (can't force her to stay!). We have two children, aged 2 and 4, who my ex-girlfriend admits is 60% daddy 40% for her, and with the split she wants myself to be involved alot in their life as I have always been lucky with my job and helped to bring up the kids (I work nights but I'm available in the daytime).

Since we met, 7 years ago, I have always paid all the bills including my mortgage, apart from food shopping. My ex-girlfriend can't rent a place because they want her to have a guarantor, so she is currently saving up to put a large deposit as landlords want her to put down 6 months rent if no guarantor.

She has contacted child benefit helpline and tax credits office and now claiming as single parent, so her income has naturally increased a lot (Ј800 wages and about Ј500 benefits), because of our split I look after the kids on the weekend and on a wednesday, and she works wednesday,friday,saturday and sunday (30 hours).

We both still live together but the benefits office know we are split, and she is moving out when she can, but my question is, do I have to charge her rent or let her pay half the bills?. At the moment she pays Ј50 a week food shopping so has total outgoings of about Ј200 a month, but income is about Ј1300. My income is about Ј1400 a month with bills/mortgage totalling Ј1100.

Also could you let me know if we should not share the same food / rooms ? I don't want dwp investigating as we have'nt followed their rules. Do I need to start charging her rent / bills?.

Despite our split, we would both benefit from living seperate houses (guess we drifted apart over time), but what is the rules regarding holidays? I know it sounds strange, but despite our split, our kids are 4 years and 2 years, and I personally would like to see them enjoy a family holiday, but it's a fine line isn't it? although naturally over time, we will drift apart once she moves out and over the years we will meet someone new.

Thanks for listening and be grateful for any advice.

Best answers:

  • Does anyone know? Thanks
  • How did you prove to the benefits/tax credits offices that you had split and were living in the same house?
  • This is a difficult area - HMRC will largely take your word for it, until they decide to investigate further. They could investigate due to a report that you are still a couple, or due to a random compliance check. You can ask them to make a determination as to whether you are still classed as a couple or not, in order to save problems later.
    With regard to bills, it really is up to you. From what you have said you appear to be paying for most/ all of the child related expenses at present, so perhaps you could ask for a contribution from the CB/ CTC?
  • Well my ex did have a move out date but the guarantor changed his mind. I phoned both child benefit and tax credits to inform them and they were fine but did admit it is a grey area. For example we both can't wait to live seperatwly but our kids come first and we will both take her to a theme park for her birthday. On weekends I have the kids and I barely see my ex now except on weekdays but I work full-time and like today ex took youngest shopping and I took eldest swimming for few hours. How much should I charge? C.tax = 130, gas/electric/water=150, phone/TV=35, so bills are about 315 a month. Should I charge her about 160 a month?
  • The easiest way to get around this one is to write her a letter stating that she can stay in your property for as long as necessary; that way, there's a traceable route around it.
    My parents split about 10 years ago, and did this while sale of family home and company shares were bring sorted out; a simple letter to state that the only joint bank account was for mortgage/bills, and that my father could stay living in the property, in exchange for x% of the company. They're still living in the same property, just not as a couple.
    It's a legally complicated area, and something in writing is going to help drastically should the need arise.
    CK
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