To give waster ex the CB?

[pinotnow]

I have been promoted this year and have been on just under £59000 since February. Apparently I will be getting a pay rise in the autumn too... I also do exam marking (about £2k per year). This means I will have to pay back some CB next year. As a single parent this is grossly unfair, but there it is.

I have 2 dc aged 14 and 16. Their dad pays nothing as CMS says he doesn't earn enough and he has them 4 nights a fortnight (often has them less but, again, there it is). He spends NOTHING on them, aside from the food they eat there.

We divorced 8 years ago and I bought him out of the house. I couldn't borrow enough to cover the full amount of the equity we supposedly had then, so have to pay him £10k when the youngest is 21. The bitterness I feel about this is considerable because I didn't know when I signed off on it that he would contribute nothing at all towards the dc financially.

I am thinking about allowing ex to claim the child benefit from now on and telling him to deduct the amount from the £10k. Can anyone see any issues I may not have thought of that makes this a bad idea? I hate the thought of faffing around working out what I need to pay back and this would be easier. I would also enjoy saying to him you have claimed CB for 5 years and yet paid nothing towards your kids and now want more off me!

Is this a stupid idea?

Leave it. He's just going to fuck you over anyway and claim the full 10k off you.

Also, if he doesn't have them living with him most of the time, is he even eligible?

Given it would be dodgy legal territory I doubt you would get anyone to write up an official agreement so it would be your word against his.

don’t risk it

How much do you put into your pension? Remember that you need to deduct this to get your adjusted income.

I have no idea legally but I imagine he will screw you over. Is there a way you can save the CB each month and let it accur interest in a savings account or something (again no idea how that works) and then give it as lump sum to him ?

If you pay more into your pension so your income is under £50k then you can claim CB.

Presumably you are going to be over the threshold for CB now? I'd be tempted to do the same OP but as PP said you'll be on shaky ground legally.

Do you trust him not to take the CB and the £10k?

Yes it's a very stupid idea. Do not expose your ex to your salary by letting him know you are over the limit for CB. You are not friends. I would rather watch the money burn!

Why would it be dodgy legally? Genuine question.

I pay 10% into pension. I know I won't have to pay it all back, but it will definitely be some as I came close this year and was on quite a bit less. To be honest, it's the faffing as well as the actual amount that bothers me.

You can keep the claim but opt out of getting the money and that would mean nothing to pay back in future years.

It wouldn't be dodgy legally for him to claim CB instead of you as long as he contributes to their upkeep by an amount equal to or more than the CB.

I'd not do that though and just keep the claim but opt out of payment if you're going to be over £60K

I was thinking I could get something drawn up to prevent him taking both. I don't honestly think he would do that though, I don't know. He knows roughly what my salary is anyway and dc have told him about my promotion.

If I don't claim the money and neither does he, I feel like I've lost the full amount and gained absolutely nothing, while this way I could also benefit. The £10k hangs over me - I have £20k saved up but that also has to cover the costs of both dc at university. It's a bloody nightmare while he drifts along with no worries at all financially.

The CB won't come from you, though - it would be paid by the government as his (and this will really hurt) entitlement. So it couldn't be taken into account as you paying him anything. And he'll then be able to spin a yarn about him being a single parent, as proven by him receiving CB.

Wouldn't put it past him to use it for claiming benefits on the basis of being the parent with care - being in receipt of CB is used as evidence for that. Which could then mean he'll put in a claim for CMS against you, as he's able to evidence that he's the PWC.

In short, don't do it. He'll benefit, but you won't and he could use it to make your life utterly impossible.

I’d pay more into pension to be under the CB threshold, if possoble.

Don’t give ex the CB.

Yes its stupid. If he claims CB he would only be awarded if he qualifies for it. He would then be entitled to it in his own right - you aren't paying him it. And you wouldn't have complied with the court order for £10k as you'd have paid nothing; you'd still owe it.

If I were you I would up your pension contributions from 10% to 18% - this would bring your net down from 61k to 50k. The additional cost to you would be 685 a year (so £57 a month) once you took into account the child benefit you get for 2 children. So for £57 a month you would be putting an additional £230 a month into your pension.
If your work pension is salary sacrifice then it takes away the need for self assessment.

Also a no here. The person in receipt of CB is assumed to be resident parent and is gateway for other benefits. Just don't tell him how much you earn etc.

If he is in receipt of the CB he could portray himself as resident parent and try to claim cms from you. Could be a nightmare to sort

No, for multiple reasons mentioned above by other pp.

He is not a resident parent so isn't entitled. It wouldn't be you giving money. End of.

Oh well, maybe not then! Maybe I will start getting it paid into a separate account, preferably with a high interest rate, and then pay back what I owe after a year and continue to save the rest, even if it's only a little bit I can actually keep.

Increase your pension and take the child benefit, if feasible.

Likely he'd be straight online making a claim for UC, with two dependent children on the claim and a two or three bedroom Local Housing Allowance. Then an application for social housing goes in. And as PP have said, potentially a child maintenance claim against yourself . All of this would be fundamentally dishonest and could possibly get a person in trouble with their employer if they work in financial services for example. Don't do it!