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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

would it be illegal to get CB paid to my ex?

140 replies

MsIngaFewmarbles · 23/03/2012 09:48

just a thought.

I have 2 DC from my previous marriage and one from my current one. Could I ask my ex to have CB paid to him so DH doesn't get clobbered on tax because I receive CB for MY 2 DC?

OP posts:
Haziedoll · 23/03/2012 09:56

I think it is supposed to go to the parent who has the main custody of the children, I don't think you have a choice.

SydSaid · 23/03/2012 09:58

Umm - are they making child benefit taxable? I would find that very strange.

girlywhirly · 23/03/2012 09:59

I think it might depend on how many hours and nights they are resident with their dad per month as to whether he can claim it.

MsIngaFewmarbles · 23/03/2012 10:00

HMRC will write to DH as a higher rate taxpayer and ask if there is anyone in the household receiving CB and will deduct it from his pay by way of tax.

OP posts:
SydSaid · 23/03/2012 10:01

I think you may be getting confused. Child benefit isn't taxable, it's just they are taking into account employment income when deciding who is entitled to is. if your DP earns less that 50,000 per annum you have nothing to worry about.

SydSaid · 23/03/2012 10:01

Ah, cross post. I see where you are coming from now.

MyNameIsntFUCKINGWarren · 23/03/2012 10:02

This reply has been deleted

Message withdrawn at poster's request.

OutragedAtThePriceOfFreddos · 23/03/2012 10:04

I don't have a clue, but it is very very wrong that you should even have to consider losing a benefit that is intended for your children because someone who is not their biological parent is a HRT payer.

I hope you can still get what you are entitled to somehow.

TheDetective · 23/03/2012 10:05

How many nights does your ex have your children?

If you have equal access I see no problem in this, and would definitely do it!

SydSaid · 23/03/2012 10:06

'I hope you can still get what you are entitled to somehow.'

She won't be entitled to it, though. While I don't have any issues with people on an income of over £50k not getting child benefit, I do think that it's wrong in this type of circumstance where the higher rate tax payer is not the children's father.

MsIngaFewmarbles · 23/03/2012 10:08

no ex has them every other weekend and half the school holidays.

OP posts:
hairytaleofnewyork · 23/03/2012 10:08

Benefit fraud. Surely if your dp is on over £60k it's not going to take food off the table if you lose CB.

Get a job for a few hours a week if you are that poverty stricken.

MsIngaFewmarbles · 23/03/2012 10:10

no ex has them every other weekend and half the school holidays.

OP posts:
MsIngaFewmarbles · 23/03/2012 10:11

I'm studying FT for a career so no way of me earning the difference

OP posts:
hairytaleofnewyork · 23/03/2012 10:18

Ah well. Luckily your DP is on a really good wage and you won't be poverty stricken :)

AThingInYourLife · 23/03/2012 10:18

I think it is worth looking into. CB can be paid to either parent AFAIK.

"Surely if your dp is on over £60k it's not going to take food off the table if you lose CB."

Hmm

The welfare state is pulled apart by the people who need it because of their envy.

hairytaleofnewyork · 23/03/2012 10:21

There are far,far worse off in our society than those set to lose CB.

It's a welfare state - let's focus on the people who are really going to suffer.

1 million unemployed young people. The elderly and disabled.

NagoosBeenCleaningWindows · 23/03/2012 10:27

I don't have a clue, but it is very very wrong that you should even have to consider losing a benefit that is intended for your children because someone who is not their biological parent is a HRT payer

What? I don't understand this POV at all. She lives in a family unit with her DH, no? So he earns above the threshold so the family is no longer entitled to receive CB. I'm not expressing an opinion on the rights or wrongs of the cuts, but the changes affect the OP's entitlement, and she is trying to fiddle her way out of losing a benefit which she is no longer entitled to receive.

AvocadoAndFitch · 23/03/2012 10:27

I really don't see how you would benefit?

If you Claim CB, DH will have it taken = same amount of money
If you EX claims CB, DH wont have it taken = same amount of money

Are you going to ask EX to give you the CB money? If so this would be Benefit fraud or tax avoidance.

As others have said if he's not the main parent he can't claim anyway.

tabulahrasa · 23/03/2012 10:27
Hmm

Either they'll take it from your DP or if your ex claims it give it to him - either way you'll be out of pocket... I don't see how it will benefit you to claim that your ex is the main carer?

minsmum · 23/03/2012 10:28

I don't understand why you would give the cb to your ex, what is the benefit to you.

If you want him to then pass the money back to you that is deliberately attempting to defraud HMRC which is a criminal offence and you don't want to upset them.

If you don't then what is the difference as you still won't be receiving it.
I just don't understand what you are trying to achieve

MsIngaFewmarbles · 23/03/2012 10:29

I appreciate that it will not leave us poverty stricken and there are many many people worse off than us. It will mean that we have to cut back on non essentials though, one of these things might be extra curricular activities.

it just seems unfair that the DC might miss out because someone who isn't their bio parent earns a reasonably high salary, whereas DSD who we have shared residency with, wont.

OP posts:
Kayano · 23/03/2012 10:29

Just suck it up
And stop moaning

2shoes · 23/03/2012 10:29

it will be benefit fraud

OptimisticPessimist · 23/03/2012 10:30

If the OP's ex would definitely spend it on the children then the children will benefit, surely? It's not just about the effect on the OP and her DH.

That said, I don't think you can OP, only the main carer can. Plus, if you get maintenance via the CSA then you ex could stop paying it and claim maintenance from you I think, because the CB denotes who the PWC is.

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