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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:
Misnofitness · 13/04/2026 19:39

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

well clearly it is about money… for the OP. She has said he does 50/50 care of costs and care but he earns more and she wants a peice of that. This was never about the children. She is on a very decent wage herself and if costs are split I do not think the children are suffering.

you, again, are making assumptions. First you said she earns 20k. She doesn’t. Now you are assuming he will dictate the type of trainers when all she said was he offered to cover all shares costs but wanted more money:

at no point in any of her posts has she said how her ex giving her money is going to make her children’s lives better.

Haystackhunting · 13/04/2026 19:33

Misnofitness · 13/04/2026 19:31

He also offered to cover ALL shared costs. She turned that down.

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

Misnofitness · 13/04/2026 19:31

Haystackhunting · 13/04/2026 19:11

But if he’s earning 200 grand and he is expecting her to contribute 50% if she’s earning 20 grand then that’s not proportionate is it?
We don’t need a calculator for that one

He also offered to cover ALL shared costs. She turned that down.

JustAnotherWhinger · 13/04/2026 19:30

Haystackhunting · 13/04/2026 19:11

But if he’s earning 200 grand and he is expecting her to contribute 50% if she’s earning 20 grand then that’s not proportionate is it?
We don’t need a calculator for that one

But we know that’s not the case as it’s literally in the OP so the whataboutery is absolutely pointless.

Misnofitness · 13/04/2026 19:28

Haystackhunting · 13/04/2026 19:11

But if he’s earning 200 grand and he is expecting her to contribute 50% if she’s earning 20 grand then that’s not proportionate is it?
We don’t need a calculator for that one

She earns 60k. Why would you say that she earns 20k?

Haystackhunting · 13/04/2026 19:11

JustAnotherWhinger · 13/04/2026 19:00

We do know that. The OP literally said they go 50/50 on shared things as well as paying for the kids when they have them.

But if he’s earning 200 grand and he is expecting her to contribute 50% if she’s earning 20 grand then that’s not proportionate is it?
We don’t need a calculator for that one

JustAnotherWhinger · 13/04/2026 19:00

Usernamechanging · 13/04/2026 18:55

Ermmm.....well, we don’t know that. Depends who's paying for what, when, how often. Things like haircuts, shoes, new school shirt, mufti day at school, present for a birthday party. It also depends on who the school phones when there's an issue (and thus who comes out of work), who does medical appointments, how childcare is arranged eyc etc etc

I did a so called 50/50 with my ex. Financially, all he contributed was an evening meal and a few second hand car boot clothes. I did all uniform, shoes, haircuts, activities, music lessons, parties, ferrying to and from activities, medical appointments, sick days etc. I also paid for full time childcare for 5 days a week because I needed it and his consideration was that if he wasn't available then I should be. This meant a text 5 minutes before the end ofvthe day saying he was 50 miles away, for example. Ex used that childcare every single day but never paid a penny.

And as I said, there is no greed involved in expecting a co parent to make a financial contribution towards the upbringing ofvtheir children.

We do know that. The OP literally said they go 50/50 on shared things as well as paying for the kids when they have them.

Usernamechanging · 13/04/2026 18:55

Madarch · 13/04/2026 18:07

He does contribute proportionally. The kids will likely benefit from their father earning more in the time they are with him. Mum's hardly on the breadline, either.

Ermmm.....well, we don’t know that. Depends who's paying for what, when, how often. Things like haircuts, shoes, new school shirt, mufti day at school, present for a birthday party. It also depends on who the school phones when there's an issue (and thus who comes out of work), who does medical appointments, how childcare is arranged eyc etc etc

I did a so called 50/50 with my ex. Financially, all he contributed was an evening meal and a few second hand car boot clothes. I did all uniform, shoes, haircuts, activities, music lessons, parties, ferrying to and from activities, medical appointments, sick days etc. I also paid for full time childcare for 5 days a week because I needed it and his consideration was that if he wasn't available then I should be. This meant a text 5 minutes before the end ofvthe day saying he was 50 miles away, for example. Ex used that childcare every single day but never paid a penny.

And as I said, there is no greed involved in expecting a co parent to make a financial contribution towards the upbringing ofvtheir children.

Haystackhunting · 13/04/2026 18:49

Madarch · 13/04/2026 18:07

He does contribute proportionally. The kids will likely benefit from their father earning more in the time they are with him. Mum's hardly on the breadline, either.

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.

Madarch · 13/04/2026 18:07

Usernamechanging · 22/03/2026 14:53

It isn’t greedy to expect parents to contribute to the upbringing of their children proportionate to income.

He does contribute proportionally. The kids will likely benefit from their father earning more in the time they are with him. Mum's hardly on the breadline, either.

Blondeshavemorefun · 13/04/2026 17:32

Twasasurprise · 13/04/2026 16:31

I, for one, am not delighted, but it was predictable and we tried to warn you. I'm sorry that you are now likely to be worse off overall. (ETA Although maybe I've read it wrong as you seem to still be expecting that you'll be better off overall.)

How is the relationship between the two of you now? Is it worse and you regret taking it this far, or 🤞is all the same as he just saw it as an admin exercise?

Is there still any room for compromise? Have the children been affected at all?

I also want to thank you, and @ProlongedAffair for being so open and coming back many times despite the poor outcome(s). I'm sure lots of people are learning from your experiences.

Edited

This

she fought /argued and lost

but has come back to iodate which in time will hopefully help someone else in same position

sure no one is delighted

Birdsongisangry · 13/04/2026 17:27

Another one who was on the thread before, not delighted as it's not a nice situation to be in - just please take the decision as a reason to be cautious, and to see if there's any scope for compromise to avoid things getting worse. If you can keep on good terms with the ex it'll be worth it.

Twasasurprise · 13/04/2026 16:31

I, for one, am not delighted, but it was predictable and we tried to warn you. I'm sorry that you are now likely to be worse off overall. (ETA Although maybe I've read it wrong as you seem to still be expecting that you'll be better off overall.)

How is the relationship between the two of you now? Is it worse and you regret taking it this far, or 🤞is all the same as he just saw it as an admin exercise?

Is there still any room for compromise? Have the children been affected at all?

I also want to thank you, and @ProlongedAffair for being so open and coming back many times despite the poor outcome(s). I'm sure lots of people are learning from your experiences.

Boomer55 · 13/04/2026 16:15

If he’s 50/50 then no CMS usually applies.

Unpaidviewer · 13/04/2026 16:13

Amazing news. I hope child maintenance can close the case. I wonder if your ex could contest child benefit for your youngest once your eldest turns 18? Do keep us updated.

Tableforjoan · 13/04/2026 16:04

Honestly I’d wait to see the final outcome and remember once your down to just the youngest he can argue the 50/50 Split still.

MoFadaCromulent · 13/04/2026 16:00

There's a good chance you're still putting 2 and 2 together and getting 5.

They may simply say it's 50/50 care, which it is and no cm payments due either way and each get one lot of child benefit

ponyprincess · 13/04/2026 15:56

I think CMS are unlikely to be able to give you the outcome you wish for, though I understand your logic

JustAnotherWhinger · 13/04/2026 15:55

fixatedplanet · 13/04/2026 15:30

Ok so by way of an update and I am sure many of you will be delighted to hear this it looks like he has been awarded the child benefit for my oldest son, it is on the child benefit portal but I have not received a letter yet confirming this. So based on what many of you have said CMS are now likely to have me paying maintenance to him for the oldest boy and him to me for the youngest boy and because our salaries are so different I will receive more benefit to bring our households more in line. Also, when my oldest leaves education and I am not paying anymore then I assume he will carry on paying for the youngest.

If they accept 50:50 they may well close the case with no maintenance due.

If they do award you maintenance against each other it won’t be based on his actual salary - it’ll be based on the 156k maximum with a percentage removed to reflect the fact the eldest is classed as being part of his household.

Also when your eldest ages out he may very well pursue CB for your youngest and the process will begin again

Leftrightmiddle · 13/04/2026 15:38

fixatedplanet · 13/04/2026 15:30

Ok so by way of an update and I am sure many of you will be delighted to hear this it looks like he has been awarded the child benefit for my oldest son, it is on the child benefit portal but I have not received a letter yet confirming this. So based on what many of you have said CMS are now likely to have me paying maintenance to him for the oldest boy and him to me for the youngest boy and because our salaries are so different I will receive more benefit to bring our households more in line. Also, when my oldest leaves education and I am not paying anymore then I assume he will carry on paying for the youngest.

So how the CMS will either close the case as it's clearly 50:50 care

Or it will be you paying maintenance for eldest and he paying maintenance for youngest based on shared care. How much will you be left with after losing one child maintenance and paying him for on child?

It's also worth baring in mind that he won't have to contribute to anything such as trips and uniform for youngest as this will be expected to come out of the maintenance you receive

Do you think you will still be better off? Will it be worth the damage you have caused to your co parenting relationship?

fixatedplanet · 13/04/2026 15:30

Ok so by way of an update and I am sure many of you will be delighted to hear this it looks like he has been awarded the child benefit for my oldest son, it is on the child benefit portal but I have not received a letter yet confirming this. So based on what many of you have said CMS are now likely to have me paying maintenance to him for the oldest boy and him to me for the youngest boy and because our salaries are so different I will receive more benefit to bring our households more in line. Also, when my oldest leaves education and I am not paying anymore then I assume he will carry on paying for the youngest.

OP posts:
Whatsappweirdo · 25/03/2026 21:32

.

Restlessdreams1994 · 25/03/2026 12:19

Why should he give you £800 a month if he’s already supporting the children 50% of the time? Unless it’s for specific child related expenses (eg school fees) YABU. It’s child support, not a divorce settlement.

Leftrightmiddle · 25/03/2026 12:15

@fixatedplanet
For someone who wants more money you seem happy to throw away the money you do have on a pointless exercise
And damage your relationship with your ex for no reason too

ImImmortalNowBabyDoll · 25/03/2026 09:45

fixatedplanet · 25/03/2026 09:10

Well we are going to a tribunal so I guess we will have to see what happens there, and I will keep this thread updated. Does anyone know how the tribunal meeting works? Should we both expect to have legal representation? What sort of thins do they ask? Has anyone been through one and can clarify the types of things that they ask?

As @ProlongedAffair has told you about 8 times, she has. I suppose you're hoping they'll change the law by then. Or maybe bend it just for you.

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