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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:
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7
ProlongedAffair · 05/09/2025 16:39

SheilaFentiman · 05/09/2025 16:39

Why not solve this problem by having the children 50/50 or even more for the next few months?

because he’s manipulating them so they want to spend more time with him

OP posts:
SheilaFentiman · 05/09/2025 16:39

Why not solve this problem by having the children 50/50 or even more for the next few months?

Seelybee · 05/09/2025 16:35

ProlongedAffair · 05/09/2025 16:06

Why would the child being disabled make a difference and what are complex circumstances? My child does have autism if that makes a difference.

No difference for you at all if they are mostly living with the other parent! But e.g. severe needs where a child will take much longer to reach the usual education cut off point for child maintenance liability
As this is the first mention I suspect that's not the case here. Not going to comment any further as we keep going round the same circles.

ProlongedAffair · 05/09/2025 16:31

ProlongedAffair · 05/09/2025 16:31

I still do more though.

the CMS tribunal will be months and months, but I’ve got another letter from child benefit about him trying to claim my youngest child’s benefit now. I had both claims then he did a rival claim and they gave him the older, me the younger. Now he’s trying to get the youngest which is why I’m asking whether the split of overnights recently will mean they will give it to him or not.

And also what evidence they look at and whether they will just take one parents word or not. How do they decide who’s telling the truth?

OP posts:
ProlongedAffair · 05/09/2025 16:31

SheilaFentiman · 05/09/2025 16:28

But he does those things, with the private health insurance, taking them to some of the appointments even if you book them in etc.

I still do more though.

the CMS tribunal will be months and months, but I’ve got another letter from child benefit about him trying to claim my youngest child’s benefit now. I had both claims then he did a rival claim and they gave him the older, me the younger. Now he’s trying to get the youngest which is why I’m asking whether the split of overnights recently will mean they will give it to him or not.

OP posts:
SheilaFentiman · 05/09/2025 16:28

ProlongedAffair · 05/09/2025 16:25

I asked on a legal website where you can ask a lawyer a question and they said that daily care is things like doctors and dentists and that it’s not just about it being 50/50 contact, it’s about which parent does the most

But he does those things, with the private health insurance, taking them to some of the appointments even if you book them in etc.

ProlongedAffair · 05/09/2025 16:25

StresHed · 05/09/2025 16:10

Did you still not get any legal advice?

I asked on a legal website where you can ask a lawyer a question and they said that daily care is things like doctors and dentists and that it’s not just about it being 50/50 contact, it’s about which parent does the most

OP posts:
SheilaFentiman · 05/09/2025 16:16

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.

How would they "receive" conflicting information if you both know the information is 58% time with your ex?

It may be that they still think CB for one child each is the way forward, given you both have both kids a meaningful amount of time. So best to tell the truth, hmm?

StresHed · 05/09/2025 16:10

Did you still not get any legal advice?

ProlongedAffair · 05/09/2025 16:06

The child he is trying to get the child benefit for.

OP posts:
ProlongedAffair · 05/09/2025 16:06

Seelybee · 05/09/2025 15:55

@ProlongedAffair they can decide to deviate from the standard CMS formula if there are special or unusual circumstances such as a disabled child, or especially complex situations. But nothing you've ever said suggests this would apply in your case.

Why would the child being disabled make a difference and what are complex circumstances? My child does have autism if that makes a difference.

OP posts:
steff13 · 05/09/2025 16:04

ProlongedAffair · 05/09/2025 14:28

But there’s no court order in place so it’ll only be him saying he’s had our youngest more so why would he be automatically believed?

Presumably you would confirm this in the interest of being truthful, so why wouldn't they believe him?

BettysRoasties · 05/09/2025 15:59

If his had the child 58% of the time. He would be considered the resident parent as he has them most.

You’ve played a game of FAFO and your losing.

Seelybee · 05/09/2025 15:55

@ProlongedAffair they can decide to deviate from the standard CMS formula if there are special or unusual circumstances such as a disabled child, or especially complex situations. But nothing you've ever said suggests this would apply in your case.

HowardTJMoon · 05/09/2025 15:47

ScholesPanda · 05/09/2025 15:34

Anyone else think this thread might conclude with an update from the OP saying 'Hi All, I'm being charged with perjury. What will this mean for my child benefit?'

"I'm going to apply for the child benefit while I'm in here because I've had to fill in a lot of forms. Will they backdate it to conception?"

ProlongedAffair · 05/09/2025 15:45

Is how much the child stays with the parent the deciding factor or do they consider other evidence?

OP posts:
Seelybee · 05/09/2025 15:41

@ProlongedAffair the hole you've dug already is deep enough. You might have to take an oath or affirmation at tribunal. They might ask the dc if your accounts don't match. The facts are the facts however much that doesn't suit you and they will decide on the basis of more likely than not if there isn't concrete proof. Which will come down to the more credible party in all of this....

ScholesPanda · 05/09/2025 15:34

Anyone else think this thread might conclude with an update from the OP saying 'Hi All, I'm being charged with perjury. What will this mean for my child benefit?'

Mrsttcno1 · 05/09/2025 15:33

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.

They would only receive conflicting information if you lie😂

HowardTJMoon · 05/09/2025 15:31

Why don't you stop all this dancing around and ask what you really want to know - "how can I fake evidence that my child has been with me when he's not?"

ProlongedAffair · 05/09/2025 15:26

If one parent says the child stays with me 70% of the time and the other parent says the child stays with them 80% of the time, how would they determine who is telling the truth though?? They’ve asked for dates spanning back to March!

OP posts:
DontCallMeKidDontCallMeBaby · 05/09/2025 15:19

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?

but you can’t have evidence of something that’s not true? There’s no evidence for you to present. I’m assuming you mean conflicting claims? And you already know that they don’t stick with the original claimant. If they did you wouldn’t have lost one lot of child benefit already.

how old are your children? Are you not concerned that if this goes too far, they may be asked where they were? Would you want them to find out you lied?

edited to add, because it was balance of probability and not beyond reasonable doubt my acquaintance was advised that text message between them and the child, a photo of them that was identifying of the date, and Uber eats receipts would potentially be considered.

CommissarySushi · 05/09/2025 15:14

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?

Sounds like you are going to try and lie? 🤔

ProlongedAffair · 05/09/2025 15:11

DontCallMeKidDontCallMeBaby · 05/09/2025 14:53

An acquaintance offered up a neighbours video doorbell footage as their ‘evidence’. The child was caught on it almost every time they went to that parent’s house. It’s not like a court of law that has to be beyond reasonable doubt, it was balance of probability. So when they were seen on the doorbell camera arriving at that house at 530pm (or whatever), it was deemed ‘most probable’ that they stayed there.

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?

OP posts:
DontCallMeKidDontCallMeBaby · 05/09/2025 14:53

An acquaintance offered up a neighbours video doorbell footage as their ‘evidence’. The child was caught on it almost every time they went to that parent’s house. It’s not like a court of law that has to be beyond reasonable doubt, it was balance of probability. So when they were seen on the doorbell camera arriving at that house at 530pm (or whatever), it was deemed ‘most probable’ that they stayed there.