Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

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:
MeridianB · 25/11/2020 14:11

Forget the CB issue. You need to protect your children from his shabby parenting.

rm15 · 25/11/2020 14:20

I’m sure there was a thread recently that said the recipient of child benefit meant they had parents responsibility. He gets it = he’s in charge.
Please check this legally before you do anything.

beavisandbutthead · 25/11/2020 14:52

This set up isnt benefitting anyone apart from your DH and yourself. He can now claim CB and you get some spare time.

Your DC emotional wellbeings are being affected, they have no bedroom areas and are returning exhausted. Your DC may be emotional about returning to 2/3 however that isnt unusual when the father makes everything about himself and his own needs. I felt guilty about my dad and he was a twat and I stopped seeing him when i was 17.

TooTrueToBeGood · 25/11/2020 14:59

It seems clear he knew exactly what he was doing and that the request for 50/50 was a means to a financial end and nothing to do with him wanting more time with the kids. Next thing you know he'll be raising a claim for CMS from you.

sueelleker · 25/11/2020 14:59

Sounds like he only proposed the 50/50 to get the CB.

LakieLady · 25/11/2020 15:04

Yes, I agree with PPs, he wants the CB and all the other support that will entitle him to.

If all 3 children are deemed to be living with him, which they will be if he gets the CB, he'll be entitled to UC to help with the housing costs for a 3-bed place and would have some chance of getting social housing, what with his current accommodation being so unsuitable for 3 children.

He's a chancer, that's for sure.

VulvaPerson · 25/11/2020 15:06

Sounds to me like the money is a bit of a red herring in this situation, as your main complaints seem to be about his care for the kids, which is obviously another matter entirely. I would also be a bit concerned I think, though the mattress on the floor situation wouldn't bother me at all.

Child related money always seems to cause issues. We have had DSD living with us for 2 years now, and still every few months her mother will try and put in a claim for her, saying shes living there Hmm When shes there one night a week (by choice, we would prefer it to be more but shes 16). Not sure why shes still trying it tbh, as shes been knocked back everytime and shes basically committing fraud over and over, even if she does not get the money, her intent is fraudulent.

Dogscanteatonions · 25/11/2020 15:10

I'd be wary. Being the person in receipt of the child benefit usually means you are the person who can claim tax credits/universal credit/housing benefit/social housing based on the children living with you. For many agencies the person in receipt of the child benefit is the person the children are deemed to live with.

I wonder if he has ulterior motives in this?

It certainly sounds like the living arrangements and not at all suitable at his place and I wouldn't be agreeing to a 50 50 split until they are

Pringlemonster · 25/11/2020 15:13

The children need to be with you
Let him have them every other weekend
Any more is madness
They have not even got their own rooms
Probably not even safe in the loft
Has he actually had a room made with windows
What is there was a fire

KickAssAngel · 25/11/2020 15:23

I bet he's after the CB so that he can then claim other benefits, and will suddenly find he's far too busy to actually have the kids with him 50/50 once he's got the money.

mamabear08 · 25/11/2020 15:48

@Pringlemonster

The children need to be with you Let him have them every other weekend Any more is madness They have not even got their own rooms Probably not even safe in the loft Has he actually had a room made with windows What is there was a fire
no windows, fabric instead of doors, and no railing or staircase. It has become clear to me that this is definitely not a safe situation. I'm in contact with CAB now, thank you. It's just the question of how to address this situation with him, but hopefully CAB will advise.
OP posts:
Mummyoflittledragon · 25/11/2020 15:52

Good luck with the CAB. Your poor kids having a feckless arsehole for a father. I would want no more overnight stays. If anything, your ex has screwed himself.

Has the school passed comment about your dcs behaviour or appearance etc since the 50/50 started?

LemonBreeland · 25/11/2020 16:28

Clearly there are serious safety issues but this stood out to me.

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 I would have thought having enough space for the children to have belongings etc. would be part of circumstances allowing.

AnotherEmma · 25/11/2020 16:33

I work for citizens advice and I'd signpost you to Child Law Advice (they have lots of info on their website, worth a quick look to see if you can find anything relevant, plus a helpline) and maybe NSPCC too to discuss the safeguarding concerns about the sleeping arrangements. There's also Rights of Women as they have info on their website and a helpline. You'd probably only need a solicitor if he took court action (to enforce or vary the child arrangements order) but it would probably be worth getting some preliminary legal advice about the implications of stopping contact when it's court ordered. I'm not qualified to give legal advice (citizens advice advisers aren't solicitors) but the reason I advised you to raise your concerns in writing is so that there's a paper trail in case you need it in future.

mamabear08 · 26/11/2020 11:11

@AnotherEmma

I work for citizens advice and I'd signpost you to Child Law Advice (they have lots of info on their website, worth a quick look to see if you can find anything relevant, plus a helpline) and maybe NSPCC too to discuss the safeguarding concerns about the sleeping arrangements. There's also Rights of Women as they have info on their website and a helpline. You'd probably only need a solicitor if he took court action (to enforce or vary the child arrangements order) but it would probably be worth getting some preliminary legal advice about the implications of stopping contact when it's court ordered. I'm not qualified to give legal advice (citizens advice advisers aren't solicitors) but the reason I advised you to raise your concerns in writing is so that there's a paper trail in case you need it in future.
Thanks very much - I will do this.
OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread