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Ex disputing CMS and making rival Child Benefit claim in 50/50 care

465 replies

fixatedplanet · 22/03/2026 14:34

Hi all,

I’m really struggling with this and could do with some advice.

We’ve had a proper 50/50 week-on/week-off arrangement for the last 4.5 years. The boys (14 and 11) split their time equally between us week on/week off and we’ve always split the costs of shared things 50/50. He does his bit when they’re with him and I do mine. It has been working fine but....

The issue is income. I earn around £60k and he earns well over the £156k threshold. Because of that, even though it’s 50/50, I applied to CMS for child maintenance so he pays his fair share (it comes out at the maximum rate, around £800 a month which is a 50% discount as he has them 7 nights out of 14). I thought that was reasonable as his salary is much higher and he should pay more than half.

He immediately challenged it with a Mandatory Reconsideration, which was rejected because I receive the Child Benefit (he gave it up due to the high income charge and then during divorce said I could have it which only seemed fair). Now he’s put in a rival Child Benefit claim for one of the children AND lodged a tribunal appeal with the CMS. He’s basically trying to get out of paying anything through CMS and I could lose some of the child benefit now!!!

We are completely 50/50. He does everything on his time and I do everything on mine. But because he earns more, he should contribute more and CMS should sort this I would have thought, I should not have to go to a tribunal.I have started to gather evidence to try and show that I do more so it gives me a good chance at the tribunal and I guess he is doing the same now. I am going to get a barrister to help out at the tribunal to try and prove I do more but he does stuff too so not sure if that will help me.

I’m worried he might actually get the Child Benefit (even though he can’t claim it himself because of the high income charge) and that the tribunal might side with him. Does he have any chance of winning that? It just doesn’t feel fair because he earns much more than me even though we share all the care equally. He did offer to cover all of the shared costs but I have said no and decided to go down the CMS route as that will be more money than simply covering the shared costs.

Has anyone been through this? Can he really do the rival Child Benefit thing and what are his chances? I guess he has lots of evidence to show that we share care equally and have done for several years but he cannot even claim it so I would miss out! And what are the chances at tribunal? Surely they will see my side of things? He has started to pay me the £800 a month now so I have had a few months payment so far so that is good at least but I am worried I might lose it or be told to give it back.

Thanks in advance.

OP posts:
Birdsongisangry · 14/04/2026 13:26

Haystackhunting · 14/04/2026 13:24

£60,000 is object poverty in some situations.
If he’s the Crown Prince of Brunei, then the kids are literally living in the equivalent of poverty, probably worse than that.
As for should’ve stayed married to him - that may not have been her choice.
And we certainly don’t want people staying married for the wrong reasons now do we?

No we don't, but we also have a system in the court for a clean break and the finances to be dealt with as part of that, and the OP was clear she got what she was rightfully expecting to get. And sorry but if you think 60k and a greater split of the house is on the breadline then I think you're very out of touch.

Haystackhunting · 14/04/2026 13:24

Birdsongisangry · 14/04/2026 13:21

Theres only an argument for dad paying towards OPs holidays if the disparity were so much that the children would feel unhappy, eg if they were in luxury at dads and abject poverty at mums. But she's on 60k, and was set up with a greater amount from the divorce. She is in a position to take them on holiday, it might not be as fancy as dad's but if she can afford holidays and a few treats the courts won't be interested.
If she wanted a truly even experience she would have had to stay married to him.

£60,000 is object poverty in some situations.
If he’s the Crown Prince of Brunei, then the kids are literally living in the equivalent of poverty, probably worse than that.
As for should’ve stayed married to him - that may not have been her choice.
And we certainly don’t want people staying married for the wrong reasons now do we?

Leftrightmiddle · 14/04/2026 13:21

Mumsnet really needs a facepalm reaction

Birdsongisangry · 14/04/2026 13:21

Theres only an argument for dad paying towards OPs holidays if the disparity were so much that the children would feel unhappy, eg if they were in luxury at dads and abject poverty at mums. But she's on 60k, and was set up with a greater amount from the divorce. She is in a position to take them on holiday, it might not be as fancy as dad's but if she can afford holidays and a few treats the courts won't be interested.
If she wanted a truly even experience she would have had to stay married to him.

Leftrightmiddle · 14/04/2026 13:19

Haystackhunting · 14/04/2026 13:17

And now we have it, enforcing our legal rights makes us leeches.
How far we have come

The legal rights in this instance are with the father.

If a NR parent isn't caring and financially supporting their kids the Law supports the RP as it should.

In this case the law will be on the father's side because the situation is very very different

Haystackhunting · 14/04/2026 13:17

Riverz · 14/04/2026 13:12

many men already think women see them as walking cash machines who owe them a certain lifestyle. There are things you can do as a woman to protect yourself before having children, it’s best to educate women on those rather than advocating to become a leech after the event.

And now we have it, enforcing our legal rights makes us leeches.
How far we have come

Riverz · 14/04/2026 13:12

many men already think women see them as walking cash machines who owe them a certain lifestyle. There are things you can do as a woman to protect yourself before having children, it’s best to educate women on those rather than advocating to become a leech after the event.

Riverz · 14/04/2026 13:09

In this case the kids were still getting go to on holiday but mum was jealous she wasnt getting the same luxury trip. The kids still went. No kids missed out. She missed out because she can’t get her hands on more of his money.

Leftrightmiddle · 14/04/2026 12:55

Haystackhunting · 14/04/2026 12:52

You are incorrect. Go on Google it
From the CSM website;
However, child maintenance may still be payable if there is a significant income disparity
all this woman has asked for is for the law to be implemented and as is often the case it hasn’t been.
Which is not something any of us should be condoning
That’s my final word on the matter
I feel very sorry for the OP

So the previous poster who went through this exact same situation is wrong?
Okay then

Well.i feel sorry for the ex and the children

SleeplessInWherever · 14/04/2026 12:54

Haystackhunting · 14/04/2026 12:45

Oh, I’m perfectly aware of the concept
However, the child maintenance is to even up the lifestyle which part of that concept are you struggling with?
It’s why many people with 50-50 doing in fact still find themselves liable via the child maintenance service
You really shouldn’t be resisting this. You never know when you might find yourself in the situation. Smug marrieds around the world get their smile wiped off their face every day.

I won’t find myself in the position of asking for a paid holiday if I get divorced.

I earn more than my partner and would have absolutely no need for him to fund my lifestyle.

That option remains available to women.

BudgetBuster · 14/04/2026 12:54

Haystackhunting · 14/04/2026 12:52

You are incorrect. Go on Google it
From the CSM website;
However, child maintenance may still be payable if there is a significant income disparity
all this woman has asked for is for the law to be implemented and as is often the case it hasn’t been.
Which is not something any of us should be condoning
That’s my final word on the matter
I feel very sorry for the OP

The significan income disparity was dealt with in their divorce though. And that's what will crucify her... in the meantime she'll waste time and legal costs and ryin the xo-parenting relationship all because she's greedy

BudgetBuster · 14/04/2026 12:52

Haystackhunting · 14/04/2026 12:48

However, legally that is not true so that’s that
But do knock the neighbours door and see if they’ll take you to Disney. It’s worth a try especially if you’re shagging them.

But the fact that it's going to tribunal (and as far as I am aware most tribunals rule in favour of no CMS for 50/50) just shows that it isn't the law.

CMS is a software application and they don't have the authority to overrule it without court orders. I'm surprised the OPs ex didn't just submit the divorce decree that states no maintenance payable.

Haystackhunting · 14/04/2026 12:52

Leftrightmiddle · 14/04/2026 12:49

Because legally in the case of 50/50 no maintenance is due

The law is not in agreement with the OP which is why she is worse off for kicking the hornets nest

You are incorrect. Go on Google it
From the CSM website;
However, child maintenance may still be payable if there is a significant income disparity
all this woman has asked for is for the law to be implemented and as is often the case it hasn’t been.
Which is not something any of us should be condoning
That’s my final word on the matter
I feel very sorry for the OP

Leftrightmiddle · 14/04/2026 12:49

Haystackhunting · 14/04/2026 12:45

Oh, I’m perfectly aware of the concept
However, the child maintenance is to even up the lifestyle which part of that concept are you struggling with?
It’s why many people with 50-50 doing in fact still find themselves liable via the child maintenance service
You really shouldn’t be resisting this. You never know when you might find yourself in the situation. Smug marrieds around the world get their smile wiped off their face every day.

Because legally in the case of 50/50 no maintenance is due

The law is not in agreement with the OP which is why she is worse off for kicking the hornets nest

BudgetBuster · 14/04/2026 12:49

Haystackhunting · 14/04/2026 12:46

Are you sleeping with and producing children withyour neighbours as well ? This is far more prevalent than I thought.

Oh sorry, I thought you were just suggesting that anyone with more money and absolutely zero ties to me anymore should be paying for my holidays... just because they can and because I'm a greedy entitled bitch I should ask for it.

Haystackhunting · 14/04/2026 12:48

Leftrightmiddle · 14/04/2026 12:47

She had children with her ex

The divorced -

Dad and mum share care 50/50, they shared extra costs 50/50
Mum had a bigger split of the divorce financial split
Both pay for everything kids need when with them
Until recently mum also had CB ontop

In far as money goes they no longer are tied at all. So there is no need for him to financially support her any more than my neighbour needs to financially support me

However, legally that is not true so that’s that
But do knock the neighbours door and see if they’ll take you to Disney. It’s worth a try especially if you’re shagging them.

Leftrightmiddle · 14/04/2026 12:47

Haystackhunting · 14/04/2026 12:42

Unless you had a child with your neighbour and that they are the biological parent in which case we have more questions
Then actually, yes, you can ask for that

She had children with her ex

The divorced -

Dad and mum share care 50/50, they shared extra costs 50/50
Mum had a bigger split of the divorce financial split
Both pay for everything kids need when with them
Until recently mum also had CB ontop

In far as money goes they no longer are tied at all. So there is no need for him to financially support her any more than my neighbour needs to financially support me

Haystackhunting · 14/04/2026 12:46

BudgetBuster · 14/04/2026 12:45

The obvious course of action is to pop in to the neighbours and ask them to also pay for your holiday....because y'know apparently that's normal 🙄😂

Are you sleeping with and producing children withyour neighbours as well ? This is far more prevalent than I thought.

BudgetBuster · 14/04/2026 12:46

Haystackhunting · 14/04/2026 12:44

And who benefits from that and what mother would do it ?

But the point is they are equal parents and have been for the last 4.5yrs. Who benefits if the dad just stopped paying like you suggested and why would he do that? It's no different what your anatomy is.

Haystackhunting · 14/04/2026 12:45

Leftrightmiddle · 14/04/2026 12:44

He pays for the holidays he takes them in. She pays for the holidays she takes them on. What can't you understand about that simple concept

Oh, I’m perfectly aware of the concept
However, the child maintenance is to even up the lifestyle which part of that concept are you struggling with?
It’s why many people with 50-50 doing in fact still find themselves liable via the child maintenance service
You really shouldn’t be resisting this. You never know when you might find yourself in the situation. Smug marrieds around the world get their smile wiped off their face every day.

BudgetBuster · 14/04/2026 12:45

Leftrightmiddle · 14/04/2026 12:41

For god sakes if your fuel has gone up so has his.
Everyone costs have gone up. One of my neighbours is going to Disney with their kids we can't afford that - that's life. I can't moan and expect others to financially support me because they have more.

The obvious course of action is to pop in to the neighbours and ask them to also pay for your holiday....because y'know apparently that's normal 🙄😂

Haystackhunting · 14/04/2026 12:44

BudgetBuster · 14/04/2026 11:47

She could just as easily stop paying her share...

And who benefits from that and what mother would do it ?

Leftrightmiddle · 14/04/2026 12:44

Haystackhunting · 14/04/2026 12:41

He doesn’t need to cover the OP’s cost of going on holiday. He needs to cover the cost of the child going on holiday with the OP to even things up.
She can pay for her own holiday
But there’s no reason why he can’t pay a contribution towards the child going on holiday

He pays for the holidays he takes them in. She pays for the holidays she takes them on. What can't you understand about that simple concept

BudgetBuster · 14/04/2026 12:44

Haystackhunting · 14/04/2026 12:41

He doesn’t need to cover the OP’s cost of going on holiday. He needs to cover the cost of the child going on holiday with the OP to even things up.
She can pay for her own holiday
But there’s no reason why he can’t pay a contribution towards the child going on holiday

No reason why he can't pay... sure
But absolutely no reason why he SHOULD HAVE TO pay. They are divorced years, she doesn't get to continue to reap the benefits of having a husband.

He takes the kids on holidays during his access time. The kids aren't going without.

Haystackhunting · 14/04/2026 12:42

Leftrightmiddle · 14/04/2026 12:41

For god sakes if your fuel has gone up so has his.
Everyone costs have gone up. One of my neighbours is going to Disney with their kids we can't afford that - that's life. I can't moan and expect others to financially support me because they have more.

Unless you had a child with your neighbour and that they are the biological parent in which case we have more questions
Then actually, yes, you can ask for that