Child Benefit Rival Claim Ex Partner Earning Loads!!!!!

[ProlongedAffair]

Me and my ex share 50/50 of our two children, it’s not court ordered but has been in place for the past few years. A few months ago I put in a claim for CMS and was awarded it, they see me as the primary carer because I get both children’s child benefits. I also discovered my ex is earning a 6 figure salary.

Last week I got a letter from child benefit saying that he is challenging my claim. I said to the lady that he earns too much to claim and I suspect he’s only claiming so he can try to get out of CMS. She told me that because he has the children for half the time and child benefit isn’t means tested, the likelihood is they will award child benefit one each! Surely that can’t be correct, can anyone advise who has been through their rival claims process?? He will then be able to claim CMS from me!!

Child benefit is means tested.

The woman from HMRC said it’s not means tested, basically he can’t get the money because he earns over £60k but he is still eligible to claim for it, he just won’t get any payment.

Are you in the uk?

Yes

They might award him the money for 1 child but he would then need to pay it back in his tax as he earns over £80K. Is he just claiming to be an asshole?

Well seen as it is means tested it would be pointless for him to claim…

He’s claiming because she’s claimed CM even though she receives benefits for the kids and he has them 50% of the time. It’s not surprising he’s challenged her really

He's claiming out of spite by the sounds of it. Yes, anyone can claim but highers earners need to pay some or all of it back or can claim but opt out of payment

Yes it is pointless as he can’t get any money. But from what HMRC have said, he can still get the claim and not receive the money. It’s not means tested is what she said, he’s eligible just won’t get payment. She said it’s likely we will get one each which isn’t fair seen as he can’t even get the money?!

So you've been doing 50:50 for several years then one day you decided to start a claim with CMS? What led up to that decision? Did you tell him in advance?

Yeah but it’s a step closer to showing you are both ‘primary carers’ to challenge the CMS which is why he will be doing it

That's just the way it works. And if you are 50/50 then I suppose he's just as entitled to claim as you are. Do you get much maintenance from him?

Child benefits are means tested. If your earn over a certain threshold you don’t get it.
However, if you are truly splitting the children’s care 50/50 then he could be entitled to some of the child benefit.
I think CMS is something different, and again if you’re 50/50 neither of you may be entitled to anything from the other.

Has anyone been in this situation and they have awarded one each??

But if you're doing 50:50 why would it be fairer for you to get all the child benefit? Plus CMS on top?

Why are you claiming child maintenance from him? It’s 50/50.
If you want to keep the benefit payment for both kids, then ask him to cancel his claim and you’ll cancel your child maintenance claim (as long as he does split the kid’s costs 50/50 as well including things like uniform, school meals, agreed clubs etc).

I don’t really want to go into why I claimed CMS from him as that would be outing but I mostly just want to know if anyone has done the rival claims process and what the outcome was.

Yes. People get awarded one each. If you want to keep both then talk to him and stop making him pay maintenance.

If you are genuinely 50/50, then should he be paying CMS? It sounds like he wants to be seen as equal in terms of child benefit to avoid paying CMS. If he was a lower earner, then 1 each would seem fair. It seems pointless as he will have to repay it, but I guess he sees it as a way to stop the CMS. Maybe you need to sort that out first and then he might not fight for the Child Benefit.

In principle, it’s fair for him to do this considering you have claimed CMS when you have 50/50 care. You reap what you sow.

Can you cancel the CMS claim?

It is often advised on here for each parent to claim CB for one child each if they have two kids and 50:50.

He can put it in a claim and receive zero just to make a point with you.

CB is the gateway to a lot of other things too eg the address used on school applications so beware that he could apply to schools that are convenient for him but not for you for the child that he claims for.

I don’t want to cancel the CMS claim, especially as he might not even get awarded the child benefit. If he does I will have to reconsider as he can then try to claim CMS off me. What is the likelihood of them awarding the child benefit to him?

If he gets awarded it it will be too late to reconsider. Have you tried talking to him? Nobody can give you an exact likelihood but I can’t see any reason why he wouldn’t get it.

Because he earns 6 figures or does that truly not matter?