Child benefit being paid to ex...& I now pay csa.... Advice needed

(9 Posts)
flying787 Thu 13-Mar-14 22:30:37

My child splits her time with me & her dad...unbeknown to me after our acrimonious divorce my ex got the CB paid to him...I was not aware as he took all my post.... I have no right of appeal against their Discretionary Decision.... He buys nothing, pays nothing for school uniform trips etc. the courts backed my choice of school, dr etc..he lives 45 mins away from school... Help...I need advice as to where to turn to Appeal,this decision...

monkeymadness1 Thu 13-Mar-14 22:58:12

I am going through exactly the same thing at the moment so perhaps we can help each other?

When you say you have no right to appeal the discretionary decision, I'm assuming you've already contacted HMRC after you discovered he had been given CB (this happens automatically if he claims, they write to you and you do not respond) then they've sent you rival claim forms which you've both returned, you've waited for months and then they've said HMRC commissioner has decided your ex should be in receipt of the Child Benefit? If so, did they give you a reason why?

Do you only have one child?

flying787 Fri 14-Mar-14 06:15:09

I have one child. No reason given, although I have asked for one, they have not responded. My ex when he claimed took my post, so I never even saw a form....
I thought yesterday I was going to an Appeal, but when I got there I was told by the independent judge that I had no right of appeal,against the hmrc discretionary decision. It's all so wrong. My daughter is here with me more. Th court awarded her to attend school local to me, Dr local to me & I take her t all normal,appointment dentist, hairdresser etc..
My mo doesn't get it either... I really am at the end of my tether with this. I just want what is right for my daughter...

meditrina Fri 14-Mar-14 06:37:11

Can you explain who this judge is? For you do have right to dispute the changes he made. And you do that directly with Newcastle.

It sounds as if you're being fed a pile of wrong information somehow - is this the divorce acrimony continuing?

flying787 Fri 14-Mar-14 06:55:15

I can not appeal at the Discretionary Decision- this has come from HMRC directly....
I am fully divorced & have been for 3 1/2 yrs. my ex still hates me. He works for cash. Has just bought out his now ex from their house paid here £250,000. He now owns outright a £500,00 house.... He seems to always smell of roses....
I just want what is fair. The system is wrong. The child benefit dept will not allow me to appeal. They say their Dicretionary Decision is final. My argument is that they are wrong... My daughter is here more & I provide for her well being...

flying787 Fri 14-Mar-14 08:31:50

Ps the judge was appointed by HMRC to act as impartial...but he has to follow the letter of the law. The law sates once a discretionary decision has been made, you have no right of appeal.
Our law sucks...it needs changing ...

STIDW Fri 14-Mar-14 22:15:24

Yes, I believe that's correct. Is parenting shared equally 50:50 and which child support scheme are you on - CSA or the new gross income scheme?

Under the gross income scheme if there is evidence to challenge the assumption that the parent not in receipt of child benefit is providing the lesser amount of care the new Child Maintenance Service can consider whether that parent is the principal provider of care. If the evidence shows care is shared exactly equally neither parent pays child maintenance.

kinkyfuckery Sun 16-Mar-14 20:33:29

For 3 1/2 years you've assumed you've been in receipt of the Child Benefit and hadn't figured out he was?

smudgerxxv Mon 17-Mar-14 12:35:32

" I just want whats right for my child" a sentence always followed up by money

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