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

And risk you playing dirty games again?

No, he needs to protect himself from you.

Well, that still isn't the CMS's fault that represented and assumed as opposed to checking.

Again what he is earning is irrelevant. I also claim child benefits despite being higher earner and being ineligible for payment. In my situation, I have opted out of payments but still receive national insurance credits. It will be the same for your ex.

You haven't been misled, you've been deliberately selective with your interpretation of the facts.

Fact is you tried to grift your ex, you failed, you're worse off and you still haven't learned.

Why when he emailed you to be amicable you didn't bite his hand off is beyond me, even after you lost round one you continue to get back in the ring.

Genuine question: have you no (sensible) friends and family that can speak sense into you?

So CB carries none monetary benefits too. Like until the 12th birthday you get national insurance stamps.

Lots of people claim CB and pay tax on it or opt out of getting the money. And legally CB isn't means tested his income would never have been a factor in considering his eligibility. Again thats all info from Gov.uk

I understand, why you didnt know and thought it might be fine. But an array of strangers all said you were wrong, the guidance for both CB and CMS is there. The fact you didnt read it is no one else's fault

And you need to quit with the admin. Teenagers admin is not so onerous that you deserve more than the bonus £300 you were already getting

But he is entitled to the money. He just has to
pay it back through tax.

We told you over and over that the claim had nothing to do with his salary. At all. It comes down to care. They don’t care about salaries as long as he paid it back in his tax.

We explained it. Over and over. You kept giving this same reply.

Can you actually explain why you didn’t listen? When you said “he earns too much” and we explained why that didn’t matter and how he could claim anyway, why didn’t you believe us?

You’d have saved yourself so much trouble if you had listened.

And if you'd looked into it, or listened to the majority of posters here, you'd have known that wasn't the case.

Have you apologised to your ex at any point for this?

Also Why is cms responsible for you misrepresenting you're the primary carer despite being 50:50 (common sense confirms at 50:50 it was joint, not you bring primary). Your logic is baffling.

Given you're clearly not primary carer - one of your posts stated that he actually had the kids one day more than you, quite why you thought you were entitled to further money from him is utterly baffling. The entire scenario appears to have a reason as a result of malice/greed/jealousy.

The fact that you're not taking anything that's being said to you onboard raises questions as to what you are actually told on the telephone as you seen hellbent on your own agenda regardless of logic or fairness.

Do you honestly mean you didnt know when they asked about CB and other responsibilities you didnt realise there was a reason they asked?

And you didnt know a right for you to claim came with a right of appeal/dispute for him?

CMS has to be contingent on something. The awarded it based on the circs at the time, and those changed.

The difference between you and ExP is he followed the advice he sought. I dont think he was bothered about CB until the advice he got is that would solidify his claim youre 50:50

You can disagree with us, but theres pages and pages on gov.uk about CMS role and your responsibility. And if you still feel like that make a complaint and see how that goes

But it was conditional on the CB, which you had the claim for. That’s what made you eligible. They asked who got the CB because that’s what made you eligible.

You got the CB so you were entitled to the claim, that’s why they gave it to you.

The issue isn’t CMS… it’s that you weren’t actually entitled to both CB. So your application to CMS succeeded because you had another claim (CB) that you were just lucky to have, you weren’t entitled to it. Your ex was fine with you having it because you were primary carer in the past so of course you had it. When it changed to 50/50, he didn’t need the money so he let you keep it.

But you weren’t entitled to it and you knew that. Lie all you want; you knew it was 50/50 so should have been one each. Meaning using your CB claim as a reason to claim CMS was sneaky and disingenuous and taking advantage.

You left him no choice. He let you have CB out if goodwill. You used it again him to claim CMS. As long as you had that CB, then CMS would continue to say you were entitled to claim. He had to stop you by correcting the error with CB.

Do you not understand that? You told CMS that you got both CB. That made you entitled to maintenance. They weren’t wrong to say that.
The “wrong” part was you having both CB claim. How would CMS know that you shouldn’t have had it?
You knew. Your ex knew. He fixed it to stop you misrepresenting the situation. CMS did nothing wrong. You very much did.

Its not CMSs job to hold your hand that much.

Tbf you didnt ring them and say its 50:50 you said Im the primary carer, we do share time but I do all admin and recieve child benefit.

They cant advise what he might do and potential consequences to the various permutations of outcomes. They cant advise what CB may decide, they dont know if hes already tried to put in a claim, they dont know if he will, whether hed be successful.

And if you could come to an agreement, you wouldnt need CMS

The rival claim for child benefit came as a shock, I didn’t even know that was a thing

Which basic research would have told you was a thing...

If you rang a government agency and explained your circumstances and they told you that you had a legitimate claim, you would believe them and claim the money too.

I don’t understand why people are solely blaming me when it was the CMS who allowed my claim, they even allowed me to take the money from his wages.

No, if as many people (and a basic google) had told me that 50/50 meant no maintenance I've have done basic research properly.

Government departments are notorious for getting things wrong.

You continued to be belligerent about it all even when CB found against you and you've taken no responsibility at any point.

However, the basic issue in this case was your greed in expecting a man who funds his teenage children 50% of the time, still gave you £300 and went halves in big expenses to give you even more. You should never have tried to get more money in the first place.

Your greed got the better of you and that you still take no responsibility for the mess you've created is very telling h

I've been fortunate enough not to have to navigate the cms system but even I'm aware of the position where care is 50:50. Either way there is information available online on the gov.co.uk website which also includes calculations.
The onus was on you to consider the information available. It isn't CMS' fault you didn't.

Having read your posts you seem to have been motivated by the fact that your ex is a higher earner. As others previously said, that's irrelevant. Yes it's annoying for you that he earns more than you now that you're apart, but that isn't his problem. people earn different salaries.

You told them you got CB for both because you were primary carer. They believed you, because that’s what’s CB means. But you also knew that you and your ex had 50/50 (and that he actually had them more and did all appointments and admin on his time) and you knew you only got CB for both because he allowed you to.

Then you used it as evidence in your claim. And it’s the only evidence CM need. We told you what would happen. All of it. You chose not to listen.

You misrepresented your situation to CMS. They took your word for it. That’s your fault.

No, they don’t. CMS has many many flaws, but using CB as their starting point for the award isn’t one of them.

If you choose to lie, then that is your choice and your fault when it goes wrong.

You called them up and told them you were primary carer, you also told them you got both CBs. Thats how you evidenced it. But you knew that evidence was flawed because you weren’t actually entitled to both claims, it was goodwill from your ex.

You lied, or misrepresented the situation about why you got both CB. It came back to bite you.

You could have stopped at any time because we all spent a very long time warning you and telling you exactly what would happen. Look at your responses in the last thread; you ignored everything you were told and just kept repeating that it wasn’t fair and surely they wouldn’t award him as he earns too much. We told you he would win CB so you had to talk to him to try and undo the damage. You ignored us and carried on. We told you what would happen to CM if he won the CB, but you didn’t believe that either. So you carried on.

This isn’t CMS’s fault. The blame is fully on you. Even if you didn’t realise it all to begin with, we told you. You could have stopped it. Now it’s too late. You screwed yourself.

CMS needs to be clearer about 50/50 cases then. That you should only claim with the agreement of the other parent as they can then make rival child benefit claims, get the money repaid etc. clearly it’s a flaw in the system and CMS should be having more due diligence when it comes to 50/50 cases instead of basing it on child benefit and then questions about admin and registration.

Do you ever take responsibility for anything?

You had a generous ex who paid you more than many men pay when not on CMS despite not having to pay a penny. You got greedy when he got a pay rise. It blew up in your face.

Grow up and accept that you're the only one to blame for all of this.

You were told repeatedly to get proper advice. To speak to CMS honestly. And yet you chose, repeatedly, to only listen to people who told you what you wanted to hear.

Nobody lead you to believe you were entitled to anything. You lead yourself to believe that. We all told you that you weren’t going to get anything.

We all told you over and over that CMS will award on the basis of child benefit and on what you tell them. They don’t check. They rely on honesty.

You only got the child benefit because your ex allowed it as a goodwill gesture. It’s 50/50 care so should have been one each since 50/59 started. Your ex allowed you to keep both out of his goodwill. You weren’t actually entitled to both.

You then used the fact that you got the child benefit to claim maintenance. We all told you that CMS would award it because you got the child benefit, that’s how it works. Your ex put in his rival claim for CB because it was the only way to stop you. We told you that your ex would win his rival claim, and you didn’t believe us. Look what happened. He had to do that because CB is the proof that CMS use. He got that proof for himself so that’s how he got one child removed. It is 100% correct that they have backdated that removal to the day he was awarded the CB so that’s why it has been deducted from the payments for the remaining child on your claim.

He will now win the claim for the other child. You will have to pay him. If he chooses not to accept it then you are very very lucky.

But you need to stop saying CMS are at fault. They go solely on what you tell them and on the CB.

You were not entitled to both CB claims. You only had both because your ex allowed it out of goodwill. You abused that goodwill when you used the CB to claim child maintenance. It is not the CMS fault. You knew you only got CB because he let you, when you abused that, he took it from you. CMS only make a decision on CB so they said you were entitled to money because of that… but you knew you only had CB because your ex let you. So you knew you weren’t actually entitled to it, which leads onto you not being entitled to CM for at least one child. CMS didn’t know that.

This is all your own fault. You deserve everything that has happened.

She absolutely is. He was paying her of his own volition, even though they have them 50/50. In fact, she admitted in one of her threads that he has them slightly more than she does. But because she fills out more paperwork than he does she thought that she should be considered the primary carer. She even admitted that the paperwork and doctors visits and things they each do on their time with the kids so it just worked out that she happened to do more.

She found out he was earning a lot more money than she thought he was and so she decided to take him for child support. But it turns out that it has bitten her in the ass just like everyone has told her that it would.

Just commenting to follow!