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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Child benefit rival claim

65 replies

mamabear08 · 25/11/2020 10:57

After a court order that I would look after my 3 children 2/3 of the time in 2016, my ex-husband has recently requested that he has the children 50/50. The children do seem to enjoy their time with their father overall and were keen for the 50/50 split so I agreed to trialling this a couple of months ago, however he has now put in a rival claim for child benefit for all 3 children without talking to me first. I would be open to him having CB for one child IF the children settle in the current sharing pattern. At the moment they are very emotional and exhausted from lots of late nights and not enough space at their fathers , and I have asked him if he can try to get them to bed earlier but he has not responded and continues to allow late nights. My children have anxiety and emotional difficulties and I have been recommended by our GP that a decent bedtime and good amount of sleep is very important, however I feel frustrated that my ex just won't hear this.

So now I am doubtful as to whether he should get CB for any of the children if he is not caring for their wellbeing in this way - it makes transitions extremely difficult for them when I am doing one thing and he is doing another. Am I being unreasonable?

The other issue is that he lives in a studio with no bedrooms but he has created 2 bedroom spaces in the loft, using a step ladder to reach them. The children don't have a lot of space or privacy (my son - 8yrs- shares a room with his father), and they are all sleeping on mattresses. He has no proper heating, and I worry about the childrens wellbeing longterm. I do not know what the best course of action is as he doesn't want to acknowledge my concerns, He is not an easy person to deal with and has been emotionally abusive in the past, and didn't pay any maintenance for 5 years while I had the children the majority of the time.

I want to do the right thing for the children but don't know exactly what that is and I really do not want another legal battle - last time he tried to get full custody of the children. The childrens GP, Dentist and other appointments are all registered to my address and I am responsible for their appointments, communicating with the Home Education team, setting up their learning schedules and buying the majority of their clothing and education resources. My ex says he'd like to share these responsibilities 50/50 but in my experience it is I who has to guide him and remind him through any of these processes - and I find it is a lot easier to just do it myself. Nearly everytime I tell him the kids need an item of clothing he says he doesn't have money and I have to get it myself.

Also there is the case that he is currently on furlough but when he goes back to work as a carer he has said he is likely to leave the children with childminders, which is fine every now and then, but seems unnecessary as a regular occurrence when I can work around my children (I'm self employed) and they do not need any unnecessary upheaval to daily life - my son in particular is very anxious about being left with other people.

What would you do? Would it be unreasonable to hang onto CB for all 3 children until I know they're definitely going to settle in 50/50 split?

OP posts:
WeeWelshWoman · 25/11/2020 11:00

CF. Go back to 2/3rd officially and challenge the rival claim.

KarmaStar · 25/11/2020 11:08

For your children's health,revert back to having the children 2/3 and advise the cb of this.

Joswis · 25/11/2020 11:10

He needs to find proper accommodation with bedrooms for them if he wants this to be an equitable arrangement.

Figgygal · 25/11/2020 11:14

As others have said go back to original arrangement he can’t actually think they sleeping on mattress in a loft is suitable long term? Madness

Tiktaktoe · 25/11/2020 11:15

But you knew all of the negatives before you agreed to a 50/50 split?
It seems the money is more important to you than the wellbeing of your children.
Why not agree to give him half the benefit while they are with him 50/50?

PurpleMustang · 25/11/2020 11:16

If 'he has created' rooms with a ladder has this been legally/fire safety signed off, that is where I would start.
Don't let him do apps as it will add to his case as being a big part for the kids.
For now either change back or let it all unravel when he has to pay for a childminder and the kids voice that they don't like it

mamabear08 · 25/11/2020 11:17

Thanks for your responses.

His argument is that CAFCASS recommended in their report in 2016 that we share the children 50/50 if we live close enough together and circumstances allow, and now that we do live close enough that's what he wants. I guess that his rival claim of CB would be so that he would qualify for more suitable accommodation. However I have a 4 bedroomed house to rent and run too.

My fear with going back to 2/3 is that the children would object and he would help them to see me as the bad guy.

OP posts:
nimbuscloud · 25/11/2020 11:19

But you knew all of the negatives before you agreed to a 50/50 split?*

This.
It seems as if it suited you for the children to be with their dad 50% of the time even though they are emotional and exhausted. But now that you may suffer financially it doesn’t suit you ?

Footywidow · 25/11/2020 11:19

This is a difficult one. No YANBU to worry about your children’s wellbeing, however surely his living arrangement is not new so you knew that your children would not have their own bedrooms and space, no heating, mattresses etc before , but this only now seems an issue because your money will be reduced.

Child benefit is not your money to dangle over his head like a treat for looking after his children properly and if he has the children equally he has every right to claim, same as you have.

The childminder issue really isn’t any of your business. Lots of working parents have to use childcare.

mamabear08 · 25/11/2020 11:19

@PurpleMustang

If 'he has created' rooms with a ladder has this been legally/fire safety signed off, that is where I would start. Don't let him do apps as it will add to his case as being a big part for the kids. For now either change back or let it all unravel when he has to pay for a childminder and the kids voice that they don't like it
Thank you, no definitely not legally signed off...I will look into that! And will stick to doing the appointments too!

I'm inclined to let it unravel on it's own as he is a horrid person to get into conflict with.

OP posts:
MyOwnSummer · 25/11/2020 11:20

Stepladders to the loft - fire safety issue, massively. You really need to kick up a fuss about this. You wouldn't be allowed to rent that space out to an adult or call it a bedroom if you sold the house, so why would this be deemed suitable for children?

He doesn't have space to accommodate the kids safely, I think you need to pursue this as a matter of urgency. The child benefit thing is completely minor in comparison, though you are not being unreasonable about that either.

3rdNamechange · 25/11/2020 11:21

@mamabear08

Thanks for your responses.

His argument is that CAFCASS recommended in their report in 2016 that we share the children 50/50 if we live close enough together and circumstances allow, and now that we do live close enough that's what he wants. I guess that his rival claim of CB would be so that he would qualify for more suitable accommodation. However I have a 4 bedroomed house to rent and run too.

My fear with going back to 2/3 is that the children would object and he would help them to see me as the bad guy.

Can it be looked at again ? His accommodation doesn't sound suitable. He sounds like he won't listen to you, so he'll have to listen to CAFCAS ? The court. Aside from the money , it sounds like the children aren't coping with the changes.
RB68 · 25/11/2020 11:23

its the circumstances allow bit that is the issue - He doesn't have decent living facilities for them (nor legal I would think) so his circumstances do not allow.

I would go back to the 2/3 but maybe allow him more non sleep over time until the children adjust. It is about whats best for the children in terms of living arrangements and contact.

Just bat back the CB claim and let them know what is happening. He should have discussed it with you first - if he wants to co-parent it needs to be open and transparent and without conflict - for the benefit of the children - I don't think he is thinking about that part here

mamabear08 · 25/11/2020 11:23

@nimbuscloud

But you knew all of the negatives before you agreed to a 50/50 split?*

This.
It seems as if it suited you for the children to be with their dad 50% of the time even though they are emotional and exhausted. But now that you may suffer financially it doesn’t suit you ?

I agreed reluctantly after many months of him asking to avoid further conflict affecting the children, not knowing how it would pan out or how the children would be affected by it. I'd much rather have them more of the time. I can work more, that is not the issue, but why would he put in rival claim for all 3 without talking to me first?
OP posts:
mamabear08 · 25/11/2020 11:26

Thanks for your straight talking - I agree re the CB, which is why I am asking opinions.

And actually no he didn't allow me into his accommodation before this change and told me he had bedrooms - he moved in in March.

OP posts:
Footywidow · 25/11/2020 11:26

@mamabear08 why do you think that he needs to talk to you first. He has the same rights as a parent and as much entitlement to it as you if the split is 50/50. Child benefit is not your money.

megletthesecond · 25/11/2020 11:27

The loft rooms sound dodgy from a fire safety point of view. He doesn't sound like he has his dc's best interests at heart. If he's been abusive to you personally I don't think he should be doing much parenting.
Yanbu.

mamabear08 · 25/11/2020 11:27

@MyOwnSummer

Stepladders to the loft - fire safety issue, massively. You really need to kick up a fuss about this. You wouldn't be allowed to rent that space out to an adult or call it a bedroom if you sold the house, so why would this be deemed suitable for children?

He doesn't have space to accommodate the kids safely, I think you need to pursue this as a matter of urgency. The child benefit thing is completely minor in comparison, though you are not being unreasonable about that either.

Thank you,, I think you are right.
OP posts:
mamabear08 · 25/11/2020 11:31

[quote Footywidow]@mamabear08 why do you think that he needs to talk to you first. He has the same rights as a parent and as much entitlement to it as you if the split is 50/50. Child benefit is not your money.[/quote]
Well I was awarded 2/3 of the care by the court. We message several times a week regarding the kids, why wouldn't he mention it? I am actually quite a reasonable person, I just don't understand his thinking. I run a house where the kids have a bedroom each and are settled and happy, I take care of their education and appointments. By talking to me we could come to some agreement, but by suddenly sending a rival claim for all 3 through the post it feels like he is trying to get an emotional response from me. It just feels like an unreasonable and conflictual way of doing things.

OP posts:
mamabear08 · 25/11/2020 11:39

@Footywidow

This is a difficult one. No YANBU to worry about your children’s wellbeing, however surely his living arrangement is not new so you knew that your children would not have their own bedrooms and space, no heating, mattresses etc before , but this only now seems an issue because your money will be reduced.

Child benefit is not your money to dangle over his head like a treat for looking after his children properly and if he has the children equally he has every right to claim, same as you have.

The childminder issue really isn’t any of your business. Lots of working parents have to use childcare.

I agree the CB should not be dangled which is why I would share it but I am worried that by doing so I'm consenting to my children living in an unsuitable place. Hence me asking.

I think that the childminder issue is my business if it negatively impacts on the children. This was agreed by cafcass in the previous court case.

He moved in in March and told me he had bedrooms, I only saw the place for the first time about a month ago. My daughter complained of not having personal space and I spoke to my ex and he spoke to her and now she feels ok about it. I want what is best for my children but I feel I am being manipulated by him. They say that they are happy there but their exhaustion and emotions when they come back say otherwise. It is a difficult situation, but I get your point.

OP posts:
Footywidow · 25/11/2020 11:39

@mamabear08 I understand that your set up is better for them, however my point is that it isn’t your money so it’s not up to you to make an agreement with him regarding split. It’s for the government to decide so he is going through the appropriate channels.

Musicalmistress · 25/11/2020 11:42

@mamabear08

Thanks for your responses.

His argument is that CAFCASS recommended in their report in 2016 that we share the children 50/50 if we live close enough together and circumstances allow, and now that we do live close enough that's what he wants. I guess that his rival claim of CB would be so that he would qualify for more suitable accommodation. However I have a 4 bedroomed house to rent and run too.

My fear with going back to 2/3 is that the children would object and he would help them to see me as the bad guy.

But circumstances don't allow - he doesn't have adequate space to house them properly? I'm not saying that all need their own bedrooms but they do need some space, not to be sharing with a parent & without a doubt they need proper beds! I'd also question the safety of them sleeping in the loft accessed by a step ladder. I'm pretty sure it will break all sorts of fire safety & building regulations!
mamabear08 · 25/11/2020 11:47

True, thank you @Musicalmistress. I guess I have felt sorry for him as he is not earning enough to afford a better situation, but that's not really in the kids best interests, is it?! Time to get my thinking cap on!

OP posts:
titchy · 25/11/2020 11:48

[quote Footywidow]@mamabear08 I understand that your set up is better for them, however my point is that it isn’t your money so it’s not up to you to make an agreement with him regarding split. It’s for the government to decide so he is going through the appropriate channels.[/quote]
If he wants to go through the appropriate channels he needs to go back to court....

It sounds like you've gone for the easy optionOp despite his accommodation being unsuitable. Stop. He can take you back to court and carcass can again review.

GabsAlot · 25/11/2020 12:04

no they cant sleep in a makeshift loft if itsnot cinverted proerly thats ridiculous

let him take you ro court

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