ExH wants child benefit included

[mathsmad1]

In the total sum of incomings to decide maintenance for once and do all. I said no. He's going bananas . Aibu ?I also receive benefits for childwith asd and he wants that included to . I feel guilty saying no. AIBU . Children will be with me 80+% of the time.we are hoping to avoid solicitors etc at the moment thanks

Please
Tell me if I am being unreasonable here. I will have kids and bear all expenses for 80% of the time including all
Childcare during
Holidays . He thinks I'm trying to clean him out . Thanks

YANBU

Your income as the resident parent has NOTHING to do with him and what he should pay.

DDIJ you can challenge the CB award and provide evidence that you are the RP (if it’s not 50/50)

Who gives a fuck what he thinks - go to CMS or a solicitor and if necessary a forensic accountant. It's not you that's this is about it's about your children and Thier needs and Thier rights - the Disability allowance is for them NOT to reduce his contribution. Stop calculating it by 'toys,' medical expenses etc and by the legal % of his income

CMS has nothing to do with your earnings, only his earnings matter. I earn almost twice as much as my exH but he still has to pay me the correct amount of CM according to his salary. Your income isn’t counted at all including CB and any other benefits.

Contact a solicitor, it will save a lot of hassle.

People are mixing up CMS entitlement and then the separate divorce provisions in splitting up assets and spousal maintenance ( if any )
For CMS its fixed by law based on his income only
For divorce both parents income will be looked at as well as the assets to decide a far split

The DLA is awarded to your child, not you. You only administer it on their behalf. So it absolutely can't count as part of your income.

Also, he's a knob.

@DDIJ do your own claim for child benefit. Child benefit will decide who gets the payment

"He says", "He thinks", "He wants".

He doesnt get to call the shots any more, it's irrelevant how much he thinks you should get. Get a solicitor onto it and they'll tell HIM what he will have to pay.

The reason why maintenance makes no difference to a benefit claim is, because that is, unreliable and it is the NR parents contribution to the upkeep of the child

Theu should not be counted when deciding maintenance.

DLA/ PIP is to improve the quality of the life of the person it is awarded to and is most definitely separate to any income that the resident parent has.

He wants to keep solicitors out of it because, as said, he will be laughed out of court.

Do not stand for this. He wants to make your life as shit as possible and doesn't care that the children get dragged along with you.

@DDIJ, have you legally challenged the CB payment? You can do so.

If you are looking at a financial order through solicitors - make sure you include reference to their future university fees. He will need to be part of the assessment - but without it included in any order - he cannot be forced to pay any contribution leaving you to pick up the slack as they will be over 18.

@Densol999, but the OP doesn't have DLA awarded to her, it's awarded to the child, so it won't be counted.

There are certain elements of other benefits that are also disregarded.

OP I'm confused.
Are you talking about child maintenance? Because that only looks at his salary.

I dont know if OP is talking about divorce settlement rather than just child maintenance

Sorry child
Maintenance
Only . Please and thanks for advise

What should o ask
For or expect. What's fair in a e60,000 salary plus benefit in kind in respect of work car and all
Expenses on that, and money under the table . For three kids. Please help

But we can't help! You need a solicitor urgently. Not an Internet forum.

Ok thanks. Can you give
Me an idea even?

Solicitors, the only way with these types. You’re playing far too nice.
The only response is ‘you have been and are hiding money. I have no way of telling just how many thousands or tens of thousands. I’m keeping child maintenance and DLA, they are for our children not your retirement. You are cheating your children and it’s time for a solicitor.

If you’re confident he doesn’t want 50/50 you can also say you can have child maintenance If you are the resident parent 80% of the time.

Doesn’t the cms calculator tell you minimum at least?

OP as others have said, your income has nothing to do with how much he needs to pay in maintenance. Get a solicitor and get it sorted.

The Child Maintenance Service has a calculator which (assuming £60,000 gross annual salary for dad and 1-2 nights a week staying with dad) says he should be paying you £759.24 a month for all 3 children.

The only advice that you need is Go To A Solicitor.
We can't help you any more than that - we've given you the advice you need.