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Ask David Stewart Your Own Question
David Stewart
David Stewart, Attorney
Category: Family Law
Satisfied Customers: 178
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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My marriage has broken down completely but I live same house

Customer Question

My marriage has broken down completely but I live same house with that woman , we have nothing in common . We have two daughters living with us . Last two years I put in an application for tax credit for my youngest child , my application was based on single claimant and was approved .Last month my benefit was stopped with a reason that an adult lives in my house. Is it wrong to claim my child tax as a single claimant based on my circumstance..Is the tax office right to ask me to pay back all money paid to me
Waiting to hear from you as soon as possible .
Submitted: 2 months ago.
Category: Family Law
Expert:  David Stewart replied 2 months ago.
I am really sorry about your situation. You need to officially get a divorce from your wife to be able to claim single status. If you have officially divorced it could be the tax officials believe the divorce is a sham because you live together. In short, you need to be divorced to make the tax credit claim you have and it sounds like you made a mistake. Explain your situation to the tax officials and my guess is they will work to resolve it with you. I hope this helps! All the best, David
Customer: replied 2 months ago.
Ok thanks , will try to write them based on your tips
I
Expert:  David Stewart replied 2 months ago.

Ok that sounds good. And good luck with everything! David

Customer: replied 2 months ago.
David , telling the Tax credit I made a mistake means I was not entitled to be paid any benefit for my daughter . If I accept it was mistake then they could ask me to refund the money as they are demanding now . I'm the only person working my ex does not have any paid job and the marriage is broken down completely. I do everything on my own without her ...pls i need a draft letter from you to explain myself professional to the tax office .
Expert:  David Stewart replied 2 months ago.

I am really sorry about your situation. However, I am unable to prepare documents for you. One suggestion for you to consider is to call the individual on your tax case and explain the situation and not write anything down. This would at least give you the ability to explain your situation but not have a document they can use as evidence against you. No matter what you write or say they are going to demand a refund of the money because it is my understanding from your comments that you were not entitled to receive it under the law. The best route in my opinion under the circumstances is for you to communicate the situation with them and work it out the best you can. They know who you are and where to find you so there is no running from it. The best course then is to work out the best deal possible and work to move forward. I am really sorry I cannot write the letter for you but it may be best for you to call first anyway to open up some communication and hopefully they will be willing to help due to your honesty and reaching out to them.

Customer: replied 2 months ago.
Okay
Expert:  David Stewart replied 2 months ago.

Please let me know if there is anything further I can provide from here and I hope everything works out very quickly for you so you can proceed and move on with your life!