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!!

He’s extremely likely to get the CB because he genuinely has the kids 50% of the time. High earners can claim but get paid zero.
Is CMS more than CB?

I don’t think his wage would stop the claim and it’s based on the children and their care. If he had the kids 100% of the time he could claim it so this isn’t any different really.

The ex is on a high salary according to op. Assuming there is a large discrepancy in their incomes then op can still claim maintenance from him, even with 50/50 care. I've lost count of the number of times I've had to correct this on here.

They won't look at his wages when awarding Child Benefit. He might be likely to be successful as he has them 50/50

At 50 50 I'd say neither parent should pay cms. So long as both agreeable to pay half costs...uniforms etx

Yes. Had 50/50, ex high earner (6 figures). Me on 30k. I was getting the child benefit and he put in a rival claim and was awarded 1. I appealed in on the basis you are suggesting (he doesn’t benefit from the money and I am a lower earner and needed the money), it was rejected. They don’t care about that. He has 50/50 care so is entitled. Hope that helps OP.
Mine was just nasty and did it as a punishment for leaving him, I wasn’t claiming CMS.

Why are you claiming CMS if he has the kids 50/50?

I completely understand why he’d be miffed that you are claiming CB for both kids, getting CMS and only having them 50% of the time.

A friend of mine has 2 DC with an ex, 50/50, they claim for one each.

Same for a relative who has 50/50 of 4 DCs, they claim for 2 each.

His salary has nothing to do with it. He will be awarded at least one of the CB claims as he does have the kids 50:50. It’s going to happen. You’re going to have to pay him maintenance for one kid and he pays you for the other. Or, cancel your maintenance claim and ask him if you can keep the CB.
It doesn’t really matter what you want. This stuff is out of your control.

We know she can as she has already. It has promoted him to claim child benefit.

Aren't you the OP, where you previously had an amicable co parenting relationship, your ex pays you a good maintenance sum despite you each having a week each with your child, where despite earning well yourself, the reason you lodged this claim was purely because you found out he earnt more than you thought?
Oh, and the nonsense excuse how you were fed up of life admin for said kid, but turns out, when the child is with their Dad, he actually corresponds with the school.

Is the maintenance more or less than the CB?

A lot more so I’m not bothered about losing the £20, I am bothered it will effect the CMS though and he can then claim CMS from me which is ridiculous.

Why is it? He has the kids 50% of the time. Are you the same poster who posted a few weeks ago about putting this claim in due to not likeing doing more of the ‘admin’?

Why is it ridiculous? You share the care 50:50. Him claiming from you is just as ridiculous as you claiming from him.

If he looks after the children 50% of the time and does all care and provides for them fully on that 50% of the time, morally why do think you should have a claim, regardless of whether it's a 6 figure income or not? His work situation isn't to benefit you.

If you are still providing all child related belongings and life admin then morally you may be justified but you haven't made this clear at any point so YABVU.

Because he earns significantly more than I do.

Petty petty petty OP.

Might his maintenance claim be rejected though if you earn significantly less than him?

So? It’s not for you. As long as he is using his money to support his kids while they are with him, and he pays half of schools uniforms and lunches and clubs and all of that stuff then his salary has nothing to do with you. You don’t need it. He is supporting the kids half the time, he does not need to support any part of their care during their half time with you.

What’s stopping you from aiming to earn higher wages?

I don’t think income comes into it when it’s the CMS. They go by the child benefit to decide who the primary carer is, so If he gets the child benefit he will get a percentage of my income. That’s what I’ve been lead to believe anyway.

Does he earn more than £156K? If he does then different "high earner" CMS rules apply. If he doesn't, then the fact that he earns more than you doesn't factor in to the CMS calculations.

Did you not look into this before you made the claim?

It’s not means tested.

he can be paid it no matter how much he earns.

bit he will have to repay all or most of it in tax.

No he doesn’t earn more than that. I didn’t expect him to start behaving like this and trying to counter claim the child benefit when he can’t even receive any of the money.

I just want to know if he has a chance of getting it or not