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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:
Haystackhunting · 14/04/2026 09:24

Madarch · 14/04/2026 09:16

There you go. That's the difference here. Pops is doing 50% of the grunt work as well as contributing more than 50% financially.

It goes deeper than that though it starts from the minute those children are conceived.
Appreciate nobody knows the ins and outs of other people’s marriages
And obviously you can only speak for your own experience
But why is he so financially far ahead of the mother of these children?
My experience and the experience of every woman I know is that he’s done that on the back of her domestic labour during the marriage and then expects to somehow magically even things up when he’s got a 10-15 year head start.
Again my experience is that 50-50 is never 50-50 for the other parent. Sometimes you’re doing 50-50 with another woman you’ve never met. Who standards may or might not align with yours.

Ridiculous, but you aren’t the only people that think it, as you say the courts agree with you

Madarch · 14/04/2026 09:18

@Haystackhunting sounds like you got the shitty end of the stick with your ex. :(

Madarch · 14/04/2026 09:16

Haystackhunting · 14/04/2026 09:09

So what?
Balance that with having an unhindered career and unhindered social life you can go and make more children with other people. That’s what the non-resident parent usually does there’s no glory in it
And as you’ve read on here, other women are gunning for you to be in a worse situation
You can only imagine what the courts are like
Fuck it I say
I’ve seen too many women try to raise their children on the bread line only to have the ungrateful children throw it all back in their face and think that the sun shines out of the other parties’s arse
When they didn’t lift a finger to raise those children

There you go. That's the difference here. Pops is doing 50% of the grunt work as well as contributing more than 50% financially.

Leftrightmiddle · 14/04/2026 09:13

Haystackhunting · 14/04/2026 09:09

So what?
Balance that with having an unhindered career and unhindered social life you can go and make more children with other people. That’s what the non-resident parent usually does there’s no glory in it
And as you’ve read on here, other women are gunning for you to be in a worse situation
You can only imagine what the courts are like
Fuck it I say
I’ve seen too many women try to raise their children on the bread line only to have the ungrateful children throw it all back in their face and think that the sun shines out of the other parties’s arse
When they didn’t lift a finger to raise those children

Without getting into your situation the OP situation was 50/50 so both had time for careers and both had time with the kids

No one was on the breadline
Dad was fully involved in every way

Your post makes it clear your situation wasn't like this BUT OP situation was very equal in relation to child care. Child responsibility and child costs.

Haystackhunting · 14/04/2026 09:11

YerMotherWasAHamster · 14/04/2026 09:09

Tbh anyone who feels they're a poor bastard who has to raise their kids and needs thanks for it has kids who are probably better of with the other parent anyway.

Sadly, my children probably would’ve been better off being raised by wolves than with the other parents so it was up to me to step up but I most definitely was the poor bastard
As are millions of women
But we must pretend that we’re enjoying every moment of the grinding bone aching work
And don’t forget to smile

YerMotherWasAHamster · 14/04/2026 09:09

Tbh anyone who feels they're a poor bastard who has to raise their kids and needs thanks for it has kids who are probably better of with the other parent anyway.

Haystackhunting · 14/04/2026 09:09

randomchap · 14/04/2026 09:06

No thanks maybe, but you do get to spend all that time with your kids.

So what?
Balance that with having an unhindered career and unhindered social life you can go and make more children with other people. That’s what the non-resident parent usually does there’s no glory in it
And as you’ve read on here, other women are gunning for you to be in a worse situation
You can only imagine what the courts are like
Fuck it I say
I’ve seen too many women try to raise their children on the bread line only to have the ungrateful children throw it all back in their face and think that the sun shines out of the other parties’s arse
When they didn’t lift a finger to raise those children

Thechaseison71 · 14/04/2026 09:08

randomchap · 14/04/2026 09:06

No thanks maybe, but you do get to spend all that time with your kids.

Yeah doing the grind and grunt work which the other parent has the fun bit. I fully understand the PP point

JustAnotherWhinger · 14/04/2026 09:07

Haystackhunting · 14/04/2026 08:56

If I had my time again, I would’ve just give them The kids walk away and have them every other weekend.
You get no thanks for being the poor bastard that has to raise them

Edited

If thanks is more important than time with your kids then that would be the best solution all round.

randomchap · 14/04/2026 09:06

Haystackhunting · 14/04/2026 08:56

If I had my time again, I would’ve just give them The kids walk away and have them every other weekend.
You get no thanks for being the poor bastard that has to raise them

Edited

No thanks maybe, but you do get to spend all that time with your kids.

Haystackhunting · 14/04/2026 08:56

Madarch · 14/04/2026 07:07

So, you do as the OP is doing (and the other unfortunate woman in the other thread) and take him to court to order him to pay more and end up with nothing. Sweet FA. Sometimes it pays to know when you're on to a good thing and not push your luck.

Edited

If I had my time again, I would’ve just give them The kids walk away and have them every other weekend.
You get no thanks for being the poor bastard that has to raise them

Madarch · 14/04/2026 07:16

@Haystackhunting would your opinion change if the father was earning £60k and took the mother to court for a greater share of childcare costs, despite the mother actually already contributing more in a 50/50 care arrangement?

JustAnotherWhinger · 14/04/2026 07:16

Haystackhunting · 13/04/2026 22:27

It doesn’t matter because it’s his choice to pay for the extras and at any time he could withdraw his decision as opposed to being ordered to pay. That’s the difference as I see it.

And how is pushing to the point of him losing all good will toward the OP and now having one of the CB payments (so the Op is £77ish a month down already) which will allow him to go to tribunal and have it legally declared that he doesn’t have to pay the OP anything remotely a better position than the current one she had?

Madarch · 14/04/2026 07:07

Haystackhunting · 13/04/2026 22:27

It doesn’t matter because it’s his choice to pay for the extras and at any time he could withdraw his decision as opposed to being ordered to pay. That’s the difference as I see it.

So, you do as the OP is doing (and the other unfortunate woman in the other thread) and take him to court to order him to pay more and end up with nothing. Sweet FA. Sometimes it pays to know when you're on to a good thing and not push your luck.

Misnofitness · 14/04/2026 07:06

Haystackhunting · 13/04/2026 22:28

Well, that says a lot about you as a person

And your posts say a lot about your own experience which may or may not be the same as the OPs so it is not worth projecting. There is a poster with almost the exact experience who has come on to give advice after having a very similar thread last year and she has warned OP about the likely outcome

Leftrightmiddle · 13/04/2026 22:39

Haystackhunting · 13/04/2026 22:27

It doesn’t matter because it’s his choice to pay for the extras and at any time he could withdraw his decision as opposed to being ordered to pay. That’s the difference as I see it.

As could she.

Haystackhunting · 13/04/2026 22:28

MoFadaCromulent · 13/04/2026 21:23

"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....

I thought that was reasonable as his salary is much higher and he should pay more than half.

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 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.

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.

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! "

Yeah it's definitely the dad who's only concerned with money and control 😂😂😂

Hoping for a lovely satisfactory no cm to be paid and OP having to pay back the money she's gotten already as well as losing one lot of child support and spunking money on a BL.

Well, that says a lot about you as a person

Haystackhunting · 13/04/2026 22:27

Leftrightmiddle · 13/04/2026 21:33

OP admitted he paid a lot of extras and they are 50/50 care

It doesn’t matter because it’s his choice to pay for the extras and at any time he could withdraw his decision as opposed to being ordered to pay. That’s the difference as I see it.

Leftrightmiddle · 13/04/2026 21:33

Haystackhunting · 13/04/2026 18:49

First of all, you don’t know what the other situation is and secondly
Often the children don’t benefit from father’s income when it’s left to his discretionary spending
They have to be forced to pay that’s why the child maintenance service exists
It should actually be embarrassing to admit that you have to use it as a non-resident parent. That should be a shameful thing to admit to.

OP admitted he paid a lot of extras and they are 50/50 care

MoFadaCromulent · 13/04/2026 21:23

"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....

I thought that was reasonable as his salary is much higher and he should pay more than half.

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 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.

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.

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! "

Yeah it's definitely the dad who's only concerned with money and control 😂😂😂

Hoping for a lovely satisfactory no cm to be paid and OP having to pay back the money she's gotten already as well as losing one lot of child support and spunking money on a BL.

EwwPeople · 13/04/2026 20:21

Haystackhunting · 13/04/2026 19:33

Because then they get to control
They get to dictate that a pair of trainers isn’t necessary
That a cheaper brand of coat is available, even though that’s exactly what you would’ve spent on a coat when you were married
It’s never about money

She literally said it’s about the money! He has money for fancy holidays and she doesn’t so she looks as a the poorer parent and she doesn’t like it!

JustAnotherWhinger · 13/04/2026 20:12

Sloelydoesit · 13/04/2026 20:02

I thought Regulation 50 of The Child Support Maintenance Calculation Regulations 2012 dealt with shared care?
Which usually means none is payable.
I'm assuming that the 2 children and CB has complicated this situation?

It is what will see the OP fail at tribunal for CMS though as they can view evidence of shared care to determine it. Rather than only using CB

JustAnotherWhinger · 13/04/2026 20:11

Sloelydoesit · 13/04/2026 20:02

I thought Regulation 50 of The Child Support Maintenance Calculation Regulations 2012 dealt with shared care?
Which usually means none is payable.
I'm assuming that the 2 children and CB has complicated this situation?

It does. When there’s no shared care court order and the CB is in payment then CMS have their hands tied because of how their system is set up.

Sloelydoesit · 13/04/2026 20:02

I thought Regulation 50 of The Child Support Maintenance Calculation Regulations 2012 dealt with shared care?
Which usually means none is payable.
I'm assuming that the 2 children and CB has complicated this situation?

Tableforjoan · 13/04/2026 19:39

And what ops doing about what love for her children or controlling money.

He already does 50% time. He was paying 50% shared stuff. Offered 100% shared stuff.

But no no only cold hard cash in ops hand no compromise.