Divorce and Single Person Child Carer Credit for Dad

bellucio

Hi

Divorced from the ex-wife nearly 3 years now, We have two children, 13 and 10, Agrement is shared custody of the kids, pretty much 50/50, (3 nights a week with me, 4 with their mam) She recieves the children allowance and I am paying her maintenance for the kids. Didnt realise at the time, that there was the SPCC credit.

Recently went looking into that and I'm confused as to whether both of us can claim for it for one of the kids each. I understand a parent can only claim for one child, but in the event of two children and shared custody, can both parents claim SPCC for one of the children each ? I've contacted the revenue and got different answers both times but the revenue website says it can be done.

As she recieves the children allowance, she is the primary carer does she need to reliquinsh claim to our son (10) and let me claim that ? She has informed me she is claiming the SPCC for our daughter (13), but is "uncomfortable and not under any legal obligation" to help me out on claiming for our son. Which legally correct, but morally not IMHO!.

If she continues to tow that line, am I entitled to claim to be the "primary carer" for our son considering he lives with me half the year. This is the the rule as specified by the revenue (child must live with you for whole or greater part of the year - a period greater than six months). I can prove this, it is stated in divorce agreement. Note this is not the way I want to go, would rather be amicable and come to an agreement with her about the whole thing but I need to look after the kids and myself first.

Any advice appreciated

Thanks

Notmything

I was in the same situation, when I attempted to apply I was refused because she was getting the child benefit for all the children.

bellucio

https://www.boards.ie/discussion/comment/119161979#Comment_119161979

Sorry to hear that. Did you try and prove that the kids where with you for half the time ? Or did you have any luck in getting your ex to reluiquinsh claim for one of the kids?

Notmything

Supplied copies of the access agreement, signed affidavit and the works, revenue insisted that she got the credit as she was recieving the benefit.

She was working so naturally didn't want to give it up. Tbf she reduced the child support by the value of the credit each month.

There used to be a credit that father's could claim but it was stopped and this new one introduced

bellucio

https://www.boards.ie/discussion/comment/119162518#Comment_119162518

Thanks for getitng back. Totally unfair IMHO... I dont understand the correlation between the tax credit and the child benefit ?

Can I ask was there more than one child in the picture? If so, did you both try to claim for a child each ?

kirk.

3 nights with me and 4 nights with mam so she gets all the benefits and free time on top

Brings back memories of when I was paying maintenance and doing that as well, dropping off kids and straight to work Monday mad crack

Notmything

https://www.boards.ie/discussion/comment/119162536#Comment_119162536

Its how they assign the role of primary carer. Yeah, i tried to see if i could claim it for one of the kids and her the other.

Revenue said no, one credit per "family" and she was getting it. She's living with someone now so lost the entitlement, which also means i lost it.

Its a totally unfair system.

bellucio

https://www.boards.ie/discussion/comment/119162542#Comment_119162542

Yep indeed.. For the first year, I had the kids every weekend, up to the middle of Sunday. Working 5 days so very little free time for anything.. Has changed now, and I have every second Sunday and half of Saturday free.

bellucio

https://www.boards.ie/discussion/comment/119162895#Comment_119162895

"One credit per family" Does that not go against the Revnues own websiite though ? Pity that she is living with someone now and you cant claim it.

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/children/single-person-child-carer-credit/primary-and-secondary-claimants.aspx

antodeco

This is exactly it. I've claimed for one child even though she gets all the benefits etc. Never been an issue. Have her claim for one child and you the other.

https://www.boards.ie/discussion/comment/119162518#Comment_119162518

There used to be a credit that father's could claim but it was stopped and this new one introduced.

It was the same credit, albeit under a slightly different name of "One Parent Family Tax Credit". They just used to award it to both parents, with no limits on how much time a child had to spend with each parent to qualify for it, or any requirement to present proof.

I know of cases where non-custodial parents who never saw their children or maybe saw them once or twice a year, were claiming a full tax free allowance as single parents.

It was the practice of paying it to both parents, that they stopped, in 2014, and the current method replaced it.

Regarding Child Benefit Claims, DSP do not split claims. From their operational guidelines:

WHO IS ENTITLED TO CHILD BENEFIT

Child Living Full-Time With Mother/Step-Mother

Child Benefit is paid to the mother (or step-mother).

Child Living Full-Time With Father/Step-Father Only

Child Benefit is paid to the father (or step-father).

Child Not Residing Full-Time With Either Parent

a. Parents residing in separate households

Child Benefit is payable to the parent with whom the child resides the majority of the time. If the child resides 50% of the time with each parent, the mother is paid.

antodeco

https://www.boards.ie/discussion/comment/119164936#Comment_119164936

This is for child benefit not the single person child carer credit (whatever it's called!)

https://www.boards.ie/discussion/comment/119167139#Comment_119167139

Yep, someone was asking about it above.

bellucio

https://www.boards.ie/discussion/comment/119164526#Comment_119164526

Exactly what I'm trying to accomplish, but she is unwilling at the moment to give up the credit for our son - even though it is of no material benefit to her and will not affect her in any way. She is already claiming for our daughter.

feelings

"Child Not Residing Full-Time With Either Parent

a. Parents residing in separate households

Child Benefit is payable to the parent with whom the child resides the majority of the time. If the child resides 50% of the time with each parent, the mother is paid."

Would this not break the Equal Status Act?

"Child Benefit is payable to the parent with whom the child resides the majority of the time. If the child resides 50% of the time with each parent, the mother is paid." How is that blatant sexism legal in the laws of the Irish State in 2022?

But this thread is a very good reminder not to miss the finances of the child benefit and the Single Person child carer credit when calculating costs and benefits in a settlement.

The money:

"The Single Person Child Carer Credit (SPCCC) is €1,650. A person who gets the SPCCC is also entitled to an €4,000 extension in the standard rate tax band." [https://www.citizensinformation.ie/en/money_and_tax/tax/income_tax_credits_and_reliefs/one_parent_family_tax_credits_and_reliefs.html]

Child benefit: €140 per child per month: €1680 per child per year [https://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/child_benefit.html]

So, €3330 per child per year from both payments, and a €4,000 extension to the standard rate tax band. Per child.

Are there any other consequences from having child benefit paid to you?

"Agrement is shared custody of the kids, pretty much 50/50, (3 nights a week with me, 4 with their mam) She recieves the children allowance and I am paying her maintenance for the kids. Didnt realise at the time, that there was the SPCC credit."

Do you mind my asking, did a court give that custody or did you agree it amicably in mediation? Are you only paying maintenance for that single night extra she has, or is there another justification for paying it?

I'm seeking to minimise any payment to the mother, who earns more than I do, as it's just another mechanism for controlling me, and proposing to care for the children most of the time instead.

https://www.boards.ie/discussion/comment/119171803#Comment_119171803

This was discussed on another thread recently, but I'll repeat what I said there.

DSP is not in the business of involving itself in how separated parents arrange their finances. Their job is to process an application for child benefit and make the payment - and to do it as efficiently as possible. They actually do this very well.

They don't divide claims for Child Benefit between parents, because - as you can see by the example of the messy situation which is SPCCC - it would make the process much more complicated. Unlike SPCCC, CB is a universal payment which is paid for (almost) every single child in the State and thousands more outside of the State. Revisiting or dividing up all those claims between two claimants every time a couple separates (or a custody or access order is varied) would be a massive undertaking.

DSP can and do make child benefit payments to fathers. If they refused to accept claims from or make payments to fathers - full stop - that would be discriminatory.

Basically, when it comes down to it, if the parents separate, it is up to them to sort out as part of their separation how they want to divide the finances. Usually the most efficient way of doing this fairly is by including the cash value of child benefit and/or SPCCC into maintenance calculations (as someone did above).

FWIW, and I've also posted this before, in my view there is rarely a situation where all the childs costs are shared 50/50 straight down the middle. There will always be one parent who covers more then their share of the costs at any given time, whether that's by paying for a GP or dentist bills as they come up, or buys the gift for a school friend's birthday party, pays for the school trip, or the haircuts, does the majority of the clothes shopping - whatever. There is always an overlap.

irishmollie

Hey sorry to tell you this but your a father and you have no rights.

I’ve seen it far too many times in my life of the absolute bias in the family courts.

My father raised me and my 3 younger siblings who never went to my mams. (Alcoholic, violent you name it). Report after report from us as children explaining what has gone on to psychologists for courts. She was still awarded main custody even without fighting one bit for it and we had all eventually moved in with my dad. She got all the money, the family home. When my dad went into a solicitor a couple of time to ask about maintenance after rearing 4 kids on his own on HAP and night shifts, he was told “there has never been a maintenance order granted against a mother in the history of the state”. She hadn’t looked after one of us for over 10 years but on paper my dad had “access” and she had full custody.

Im 27 now and my partner has a son from a previous relationship, the son has been crying on the phone to see him and texting him how much he misses him when can I see you daddy. The ex refuses, Denys any court orders of access… goes into court and tells them “my son doesn’t want to see him” and she is just believed and nothing done about it.

Things seriously need to change for fathers in this country. It is criminal and I say that as a woman!!!

Peabody77

does a person relinguish the SPCCC upon divorce?

i have 2 views on this but with some strange decisions here i cant be sire

thanks

CreadanLady

The credit can only be claimed by whoever is claiming the childrens allowance. And childrens allowance can only be paid out to mothers. It is not paid to fathers unless the mother is dead. I think the reason for that was so that the CA would be a safety net for the mother and children if the father was on the drink or financially abusive. Or that if fathers were claiming it that they would withhold it or take to the drink with it.

"And childrens allowance can only be paid out to mothers. It is not paid to fathers unless the mother is dead."

Like your use of the old term "Children's allowance", that information about what's now termed the Child Benefit is outdated:

"What is Child Benefit?

Child Benefit is a monthly payment to parents or guardians of children aged 16 years and under....

Who Can Apply?

Parents or guardians of children aged 16 years and under. Parents or guardians of children between 16 and 18 years if the child is in full time education, training or can not support themselves financially due to disability."

https://services.mywelfare.ie/en/topics/parents-children-family/child-benefit/

and

https://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/child_benefit.html

https://www.boards.ie/discussion/comment/119368662#Comment_119368662

Sorry CreadanLady, but that is totally incorrect.

Child benefit can and is paid to fathers where they are the custodial parent.

Parents can also arrange between them, who receives the tax credit.

feelings

As Loueze says above, this is totally incorrect information from CreadanLady.

Lgt

My ex wife when she applied for child benefit at the time of the birth of our children put the claim under both our name, the child benefit goes to a joint account which will be for the benefit of our kids when they are in university.

The funds may be paid into a joint account, but there can only be one claimant on the application.

@CreadanLady

https://www.boards.ie/discussion/comment/119457952#Comment_119457952

Correct. Previously both parents could claim the tax credit but it was reduced to the primary carer only approximately 7-8 years ago. @CreadanLady is incorrect about the children's allowance as already mentioned