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!!

I will just have to wait and see what happens. If I end up paying him for one of the children then he will still be paying me more.

Because he earns significantly more than her and it’s based on earnings…

It’s not means tested — one each is correct

If you disagree about how maintenance works and the context of it on this thread I can’t be arsed debating it with you to be honest.

Op I can’t decide if you are genuinely struggling to understand or if you are just being deliberately obtuse. His earnings are NOT relevant to you. You have 50/50 they will give you one each on the CB. Maybe just maybe you should have thought it through before putting that CMS claim in just because you think you’re entitled to his wages.

Read the thread, or atleast the OPs posts

He will probably jave to pay you 0 as its 50/50 and you won't pay him anything either. He will be entitled to CB for one of them though

@Mommamiaa

'
I’ve read the whole thread. She’s gotten greedy. If it’s 50-50 care (which tbf OP has flip flopped on!) then she’s not entitled to any child maintenance whatsoever. It seems like OP has really f**ked up and instead of just backing down she’s digging her heels in and looking like an idiot callously hoping for a result she knows is impossible. Just grow up OP.'

I appreciate you don't agree with the OP

However if you RTFT you can see 50/50 does result in CMS awards

It is simply not true to say it never happens

I've read the whole thread and, from what's been said, the best that the OP can hope for is this:

He gets CB for one child.
She gets CB for one child.
He gets CMS from her for one child.
She gets CMS from him for one child.

She's currently getting CB for both children and CMS for both children.

She stands to lose:
CB for one child
CMS for one child

She will gain:
The difference between the CMS she gets from him for one child and the CMS she has to pay him for one child.

She might also lose any UC and rent payments for the second child.

That's the best case scenario.

Most posters seem to think she'll lose CMS entirely and CB for one child and UC for one child (if applicable).

You’ve done a bad job of reading it then. Again if you’ve read and understood it and are just being obtuse I cannot be bothered with that. You are wrong.

So the loss of the CB for one child. The loss of all the UC related benefits for that child, the CMS for that child, and what you have to further pay him for that child is still "him paying me more" because you'll still get the one lot of CMS you were already getting.

Fucketh me. A bowl of trifle could have a better comprehension here.

Does anyone have any Crayola?

OP's very best case scenario according to the comments, but not according to the CMS website, is that she loses CB for one child and each pays maintenance for 1 child.

Going by her figures that she earns £30kpa and he earns £100kpa and assuming they each pay 5% into a pension, her monthly payment to him will be £96, and his monthly payment to her will be £337. Child benefit for one child is around £100pm, so she's made a grand total of £141 a month in exchange for an amicable coparenting relationship.

I think we can guarantee that any optional extras he used to pay more than 50% towards are now long gone. How much is 50% of the medical and dental insurance he's paying for OP?

Of course that is what they have advised as it’s easier for them.

Again, this is why legal representation is important. Your partner would be best advised to follow the legal process here: obtain a court order in which 50/50 shared care is established, and appeal the CMS judgement, pursuing it to tribunal if necessary. Actually take it to court.

But if he earns much much more than you then surely you will still be gaining?
eg you pay him £20 pw and he pays you £110 pw?
£110 minus £20 and then minus the £20 cb = £70 to your household?
(obviously just plucking figure out if the air because I have no idea what typical CM payments are)

He DOES have a court order, HAS taken legal advice and is waiting a date for his tribunal after the mandatory reconsideration was rejected. He's still got to pay her whilst he's waiting. It's taken up to a year so far.

Then he’s taking the correct course of action, as OP’s ex is doing 🤷🏻‍♀️

I’m curious how families like this operate, given some of the responses on here.
For example:
both parents have children 50/50
one parent earns £200k pa
one parent earns £25k pa
both very possible, it’s also not always possible for the parent earning £25k to ‘work harder/retrain etc etc’ some parents have disability's or additional caring responsibilities or maybe left school with no qualifications etc etc so let’s not go down that route as the universally easy solution because yes, if the parents did earn a comparable amount then there’s no discussion here.

assume kids go to state school to make it simple.
one parent takes them on fancy expensive holidays and one doesn't
one parent buys them expensive presents and days out, and one doesn't

ok, so far I get it.

But what happens when one parent wants the child to have private piano lessons the child also whats and the other parent can’t afford it?
or expensive trainers?
or expensive orthodontics?

Doesn't the parent who can afford these things just pay for them? Even if the piano lessons (during school lesson time) are going to often fall within the other parents 50/50 time?
what about the much loved expensive trainers? Is the child only allowed to wear them 50/50 or can the trainers go with the child to their other parents home too?
Does the expensive teeth brace come off/on every Friday at pick up?

if yes, those expensive things are for the child and belong to the child to use as they want, then why wouldn’t a higher earner pay more CMS to the lower paid parent to enable the children to have less of a rich house/poor house childhood with a completely different standard of living for the child in each house? Of course we know money doesn’t equal happiness or love etc, but let’s assume both parents are equally loving and engaged parents.

I have zero skin in the game, not co-parenting and I don’t know anyone in this situation, but I’m curious at some of the replies on here. I couldn’t imagine begrudging my child a decent standard of living in the 50% of the time they weren’t physically with me.

Hypothetical money to your ex is always the easiest type to give.

But the money is going to hypothetical children? Did you read and understand what I was asking?

I would expect that if one parent wants to pay for piano lessons, but the other doesn't, then they have the option of paying 100% of the costs or not having piano lessons.

It would be the same for trainers - e.g. one parent might only be willing to spend £40 (£20 each). If the rich parent wants to spend £200 then they need to pay £180.

He’d be some piece of shit to remove his children from what is very likely a benefit he gets through work (although I realise is likely taxed these days?)
Even if he feels op has gone low, does he really have to respond by going lower?