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Child Benefit Rival Claim Ex Partner Earning Loads!!!!! part 2

665 replies

ProlongedAffair · 22/05/2025 14:44

https://www.mumsnet.com/talk/am_i_being_unreasonable/5294980-child-benefit-rival-claim-ex-partner-earning-loads?reply=144269354

I can’t write on the previous thread anymore, so I’ve created this one for people interested in the outcome of the CMS case. I’m committed to telling people what the outcome is regardless of whether it goes my way or not.

Page 31 | Child Benefit Rival Claim Ex Partner Earning Loads!!!!! | Mumsnet

Me and my ex share 50/50 of our two children, it’s not court ordered but has been in place for the past few years. A few months ago I put in a claim f...

https://www.mumsnet.com/talk/am_i_being_unreasonable/5294980-child-benefit-rival-claim-ex-partner-earning-loads?reply=144269354

OP posts:
Thread gallery
7
Laura95167 · 06/09/2025 09:25

ProlongedAffair · 06/09/2025 09:13

Why would they average it out though and not just say, fair enough he gets DC1 and it’s so close percentage wise that ProlongedAffair keeps DC2? Surely they’d look at each individual child’s circumstances.

I’m not claiming I’m primary carer of DC1 now they’ve spent majority time with my ex, but I am contesting DC2.

Even if they dont average it out, he has DC2 more of the time.

If they look at DC2 alone, theyre with their dad most. He is primary care, primary resident.

When you had 50:50 of both you argued you should get both but now he has 58% for DC2 you think he shouldnt get?

WellyBootsandPuddleSuits · 06/09/2025 09:23

ProlongedAffair · 06/09/2025 09:13

Why would they average it out though and not just say, fair enough he gets DC1 and it’s so close percentage wise that ProlongedAffair keeps DC2? Surely they’d look at each individual child’s circumstances.

I’m not claiming I’m primary carer of DC1 now they’ve spent majority time with my ex, but I am contesting DC2.

But it’s not ‘so close’ really is it? The extra 8% isn’t just one extra night in the whole period, it’s 5 more nights than you a month… the numbers show he has both children more than you do, so he’s the one entitled to the child benefit. I’m struggling to see why you cannot understand this…

ARichtGoodDram · 06/09/2025 09:18

ProlongedAffair · 06/09/2025 06:54

i ask questions because I’m searching for advice from people who’ve been through this process themselves - does a few extra nights mean the benefit goes to the other person? That’s the sort of thing I am wondering.

anyway there’s not much point me replying to comments until I get the next outcome which judging by last time will be weeks.

People have been giving you accurate information since the beginning. You ignore it every time.

Yes, you look very likely to lose the CB for DC2 based on the figures for the last few months.

You've massively shot i in the foot by not taking the advice given, by opting to only listen to the one or two posters who agreed with you, and by not taking the chances to back down while you had them.

You should be preparing yourself that you'll have no CB going forward.
And he could claim for maintenance from you for both children.

ProlongedAffair · 06/09/2025 09:13

Laura95167 · 06/09/2025 09:07

Then yes, hes likely to get both CB payments.

From the get go, youve said 50:50 but its more 30:70 if you average the time of the two kids which makes you the "weekend" parent.

I really think you need to stop thinking in terms of MNs are wrong, CMS misled me, ExP is manipulating. These stances have seen you get in a worse and worse position.

And this ExP is manipulative is unfair to them. He was more than generous and you keep stamping your foot over "unfairness" and it seems to be pushing your kids away. You have to love them more than you resent their dad. You started this, so try talking to him. I understand you said he said no in June but youre so stubborn about the rest of this you could be stubborn in pursuing a better relationship with your ExP

Why would they average it out though and not just say, fair enough he gets DC1 and it’s so close percentage wise that ProlongedAffair keeps DC2? Surely they’d look at each individual child’s circumstances.

I’m not claiming I’m primary carer of DC1 now they’ve spent majority time with my ex, but I am contesting DC2.

OP posts:
Laura95167 · 06/09/2025 09:07

ProlongedAffair · 06/09/2025 08:32

He has DC1 80% of the time (since the March dates they’ve requested when I worked it out) because of his manipulation they’re now living with him the majority of the time and I only occasionally see them on weekends. I am working hard to redress this.

Then yes, hes likely to get both CB payments.

From the get go, youve said 50:50 but its more 30:70 if you average the time of the two kids which makes you the "weekend" parent.

I really think you need to stop thinking in terms of MNs are wrong, CMS misled me, ExP is manipulating. These stances have seen you get in a worse and worse position.

And this ExP is manipulative is unfair to them. He was more than generous and you keep stamping your foot over "unfairness" and it seems to be pushing your kids away. You have to love them more than you resent their dad. You started this, so try talking to him. I understand you said he said no in June but youre so stubborn about the rest of this you could be stubborn in pursuing a better relationship with your ExP

Oldel · 06/09/2025 08:50

ProlongedAffair · 06/09/2025 08:32

He has DC1 80% of the time (since the March dates they’ve requested when I worked it out) because of his manipulation they’re now living with him the majority of the time and I only occasionally see them on weekends. I am working hard to redress this.

So how are you their primary carer?

ProlongedAffair · 06/09/2025 08:32

Laura95167 · 06/09/2025 08:24

If he has DC2 58% how much does he have DC1? We need to know that to advise

He has DC1 80% of the time (since the March dates they’ve requested when I worked it out) because of his manipulation they’re now living with him the majority of the time and I only occasionally see them on weekends. I am working hard to redress this.

OP posts:
Laura95167 · 06/09/2025 08:24

ProlongedAffair · 06/09/2025 07:59

My ex already said some months ago that it’s all going through court and lawyers from now on and he’ll no longer be amicable, so any private arrangement is no longer possible, that’s why I’m asking about next steps like this recent claim he’s put in for the youngest child.

If he has DC2 58% how much does he have DC1? We need to know that to advise

SheilaFentiman · 06/09/2025 08:21

If you want specific advice/experience about CB transference, you might want to start a thread with that title.

However, there is unlikely to be many posters in your situation, as I would imagine most separated couples with approx even childcare split would amicably agree that each gets one set of CB, so the situation wouldn’t arise

ProlongedAffair · 06/09/2025 07:59

Laura95167 · 06/09/2025 07:44

You've very dismissive of his "few extra nights" compared to how strongly you felt your historic extra nights and current admin should mean you benefit.

And I know you say youre asking questions but over 3 AIBU people with various experiences of CB, CMS and coparenting all said "50:50 + 2xCB + £300 dont rock the boat best case youll end up with 50:50 + 1xCB" and now youve pushed so much youre facing 40:60 + £0.

But you dont seem to like the answers we've offered and at one point said why would you listen to strangers online. (Well you arent obliged to but you did ask) You listened to CMS who answered based on misinformation you provided. Who you also now blame.

But you asked us, and our opinions have been a pretty consistent opinion. The array of responses are pretty much the same, they've been proven right time and again. And many have also said, if you dont believe us, get proper legal advice - as the court is involved now. I dont think youre going to get an answer that this will go the way you want from anyone at this point. Best case is this is as bad as it gets. And honestly legal advice for a lawyer you pay is the best way to limit your damage at this point.

And again, it doesnt seem to be about less time with your children, which should mean you need less maintainence, but about the benefits.

My ex already said some months ago that it’s all going through court and lawyers from now on and he’ll no longer be amicable, so any private arrangement is no longer possible, that’s why I’m asking about next steps like this recent claim he’s put in for the youngest child.

OP posts:
Laura95167 · 06/09/2025 07:44

ProlongedAffair · 06/09/2025 06:54

i ask questions because I’m searching for advice from people who’ve been through this process themselves - does a few extra nights mean the benefit goes to the other person? That’s the sort of thing I am wondering.

anyway there’s not much point me replying to comments until I get the next outcome which judging by last time will be weeks.

You've very dismissive of his "few extra nights" compared to how strongly you felt your historic extra nights and current admin should mean you benefit.

And I know you say youre asking questions but over 3 AIBU people with various experiences of CB, CMS and coparenting all said "50:50 + 2xCB + £300 dont rock the boat best case youll end up with 50:50 + 1xCB" and now youve pushed so much youre facing 40:60 + £0.

But you dont seem to like the answers we've offered and at one point said why would you listen to strangers online. (Well you arent obliged to but you did ask) You listened to CMS who answered based on misinformation you provided. Who you also now blame.

But you asked us, and our opinions have been a pretty consistent opinion. The array of responses are pretty much the same, they've been proven right time and again. And many have also said, if you dont believe us, get proper legal advice - as the court is involved now. I dont think youre going to get an answer that this will go the way you want from anyone at this point. Best case is this is as bad as it gets. And honestly legal advice for a lawyer you pay is the best way to limit your damage at this point.

And again, it doesnt seem to be about less time with your children, which should mean you need less maintainence, but about the benefits.

ProlongedAffair · 06/09/2025 06:54

i ask questions because I’m searching for advice from people who’ve been through this process themselves - does a few extra nights mean the benefit goes to the other person? That’s the sort of thing I am wondering.

anyway there’s not much point me replying to comments until I get the next outcome which judging by last time will be weeks.

OP posts:
Unexpectedlysinglemum · 06/09/2025 03:56

Op i understand your frustration as you’ve had years of being the main carer and have sacrificed climbing the career ladder while he’s been able to work longer and progress in his career and now you have nothing to show for it. However the child maintenance was going to stop eventually - If they’re spending less time at yours now then you need it less as you have less food and bills and activities to pay for. I think focus on you and perhaps using your more free time working a bit more or doing things to save money like batch cooking or sell things on Vinted or babysitting etc

JellyBeanSpring25 · 06/09/2025 01:19

ProlongedAffair · 05/09/2025 22:21

I’ll send the information off they’ve requested and see what they come back with

Truthful information? Will you send off the truth?

OP - the vast majority of your posts are just a set of questions. What is it you are you looking for? You have been advised to engage your own lawyer, he or she will
answer those questions specific to your case.

MrsSunshine2b · 05/09/2025 23:34

ProlongedAffair · 05/09/2025 15:11

Surely if conflicting evidence they will just keep with the original claimant to be on the safe side, unless there’s some sort of evidence like the doorbell footage?

What's safety got to do with allowing people to fraudulently claim money?

McSpoot · 05/09/2025 23:03

ProlongedAffair · 05/09/2025 15:11

Surely if conflicting evidence they will just keep with the original claimant to be on the safe side, unless there’s some sort of evidence like the doorbell footage?

You’re the only one of the two of you that has been previously shown to have provided false information. Makes it easy to know who to believe now.

ProlongedAffair · 05/09/2025 22:21

I’ll send the information off they’ve requested and see what they come back with

OP posts:
CandidRobin · 05/09/2025 21:38

ProlongedAffair · 05/09/2025 14:41

I am not saying I’m considering lying at all, I’m asking what happens if they receive conflicting information.

If they receive conflicting information that means you would be lying. Unless you plan to do that, they won't receive conflicting information so your question is irrelevant. Your avarice surely won't lead you to perjury and potentially having your children questioned for the purposes of a Tribunal. I'm not sure this is real as this is really a step too far. If it is real, the children should be with their father full time because this decision making is seriously questionable and far removed from the best interests of the children.

SheilaFentiman · 05/09/2025 21:21

ProlongedAffair · 05/09/2025 20:59

Would you say it’s likely he will succeed in his claim for the second child? Given it was only a few months ago they decided to split the CB and award one each?

No idea, mate.

steff13 · 05/09/2025 21:19

You probably should have taken his offer back in June. I would say that hindsight is 20/20 except that most people's regular sight would have seen this coming.

beeautifullif3 · 05/09/2025 21:15

I can't believe you are still continuing this shite , starting another thread ffs , 50/50 split is exactly that ! Increase your earning stop being such a lech

Laura95167 · 05/09/2025 21:12

ProlongedAffair · 05/09/2025 20:59

Would you say it’s likely he will succeed in his claim for the second child? Given it was only a few months ago they decided to split the CB and award one each?

If he can prove he had 58% over the last 12 weeks its likely especially if its "increasing", I also think it will depend is it hes having both 58%+ or just DC2

However if you have DC1 more it could just be swapped to reflect who is providing more care to which of the children.

I would say whoever is getting DC2, there will be a time when due to DC1 becoming an adult where the CB and CMS will hinge entirely on DC2

ARichtGoodDram · 05/09/2025 21:04

Arguably, the CM he was paying and the fact you had both the CBs even with 50/50, was some kind of acknowledgment of that past mismatch - but you going for an increase is what has kicked this whole conflict off.

I think it was more likely an acknowledgement that going from £1000 a month CM & CB to one round of CB would have been a huge step, even though he had the children more than before, so he went with £300 plus CB.

ARichtGoodDram · 05/09/2025 21:01

Would you say it’s likely he will succeed in his claim for the second child? Given it was only a few months ago they decided to split the CB and award one each?

They'll judge on the current time, so very likely he'll succeed if he has kept good records of when the children has been at his

Do you acknowledge at all yet that you sparked this by trying to get some of his pay rise when you were not remotely entitled to it?

Have you even tried to get things back onto any sort of good terms or just made it repeatedly worse still?

ProlongedAffair · 05/09/2025 20:59

SheilaFentiman · 05/09/2025 20:38

We can understand and sympathise with this. Of course we can. But sympathy won’t get you the result you want.

Arguably, the CM he was paying and the fact you had both the CBs even with 50/50, was some kind of acknowledgment of that past mismatch - but you going for an increase is what has kicked this whole conflict off.

Would you say it’s likely he will succeed in his claim for the second child? Given it was only a few months ago they decided to split the CB and award one each?

OP posts:
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