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after split, who claims tax credits?

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My husband and I have split and live separately. The arrangement is we share the kids week on week off. I have always claimed the tax credits but is there any rule to say he should have half of it?

The payments are calculated on my earnings and without it I would have to stop work and pretty much stop eating!

His job is changing and we will be earning about the same soon, the only difference is he lives mortgage free and I have to rent as I don't have wealthy parents. He is saying that he cant afford to pay childcare and I should pay it as I claim the tax credits. But then I would be claiming for childcare I don't pay which sounds illegal to me. Its a bit confusing, can anyone help?

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