My partner is currently in receipt of WFTC and is trying to claim maintenance payments from her ex-husband towards her two children who live with her. He occaisionally pays a pitence to her but she is worried about involving the CSA because he has made threats that he will get her WFTC taken away because he states that I am living there and suppporting her financially. Whilst I do stay there quite regularly, I have my own house and which is where I live.
Very occaisionally I will help out by buying food or pay for going out, but there is no formal financial support that I am providing.
It all seems pretty cut and dried to me, and I would have thought that she had nothing to worry about from these idol threats, however, she is concerned and it's preventing her from taking the matter further.
Could someone please advise on what the situation is, or where I could clarify whether my being there hampers her cause.
2007-02-20 04:14:42 · 7 answers · asked by Manuel Aringarosa 2 in Business & Finance ➔ Taxes ➔ United Kingdom
"There is no specific time duration, however generally, one could be considered living at an address that you spend most time at, when applied to benefits. So, if your boyfriend/girlfriend or any other person stays at your house for 4 days a week, it could in theory be considered as living in your home and their home is actually their second home."
Unless your partners ex has been camped outside her house and collecting evidence to prove you have been living there, I don't think you have much to worry about. All he could do is report her to the working tax credit and they would possibly investigate this, but without proof it wouldn't amount to anything.
Of course whether he is in contact with the children or not is irrespective of any contributions he makes - they are still his children and he has a responsibility to support them. If he isn't making regular maintenance payments then it would be a good idea for your partner to contact the csa and let them deal with it. They are used to all manner of abuse and if he tries his threatening bullying tactics with them he will end up getting charged for it as this kind of behaviour is not tolerated. Tell your partner not to worry and to go ahead with it. Good luck!
2007-02-21 08:08:48 · answer #1 · answered by Lost and found 4 · 0⤊ 0⤋
Whatever you do, play it by the book as fraud in whatever form constitutes a prison sentence. You are not part of your partners household as you have your own address and probably pay tax under that address. You are also not married and therefore not part of her benefit claims and allowances. The CSA is also not great in ensuring that maintenance is paid and therefore an amicable solution should be obtained between the two of them especially when he has a right to see the children. If he is working and can afford the maintenance (however, life could also be hard on him-2 sides to every story) then involve the CSA. Your partner must make sure that she is claiming the correct benefits first. Do it right.
2007-02-20 09:08:16 · answer #2 · answered by AGHOST 2 · 0⤊ 0⤋
I have been in a similar position to your partner and I can assure you that she has nothing to worry about, as long as you are not officially residing at her house, you will be classed as a guest.
I may be wrong but to me it sounds like idle threats in order to prevent your partner going to the CSA.
Also as long as any maintenance paid and any earnings, income etc does not exceed the limit to prevent her getting WTC then your partner will still be entitled to it, sorry I am not sure how much this is but I think it is around £16k.
2007-02-20 04:30:40 · answer #3 · answered by Elaine J 1 · 1⤊ 0⤋
If you can proof you don't live together don't let this fool ruin your relationship. So what if you buy food together, stay the night, pay for nights out thats what being together is all about isn't it.
Should WTC Fraud get in touch just tell em the true especially about the ex & what he's threatened to do because she's trying to get what her children are entitled to.
2007-02-20 06:35:51 · answer #4 · answered by andrea b 3 · 1⤊ 0⤋
sorry mate but if you stay there and you are known as a couple then she should declare it to the wftc people otherwise she is breaking the law, the next time she has to update her claim she must put down you aswell as you stay more than one night,the ex partner is right but he should think about what he is doing cuase he is spite'in the children not his ex and that is a selfish way to act, i think he is jelouse cause she has found some one new to act as a father figure to his kids he wants to grow up and act like a dad instead of trying to deprive them of things
2007-02-20 04:24:24 · answer #5 · answered by Anonymous · 1⤊ 0⤋
nothing will happen. is there any way they could prove you stay there sometimes?? letters maybe?
if not tell her to sue him and get every penny owed to her.WFTC will not be affected by getting them involved however if they say he has to pay maintenance they might reduce it slightly.
hope this helps
2007-02-20 04:26:36 · answer #6 · answered by Gary F 3 · 0⤊ 0⤋
i think it would affect her WFTC even if you are only there a few days a week, it all gets taken into account,I know someone who got investigated in same circumstances and had to pay loads back,dont risk it.
2007-02-20 04:18:54 · answer #7 · answered by Anonymous · 0⤊ 1⤋