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!!

If she was on the policy as a goodwill gesture, I expect she'll be coming off it in April.

prolongedaffair. Your views on CMS is how it is in Australia. So even if a family does 50/50 the higher earner will pay the lower earner considerably more. The theory behind this is it’s important for the children to have a similar standard of living in both homes. I thought the UK system was if 50/50 there was no CMS - is that not right? I agree with the Australian system tbh.

It's worse than that as she was receiving £300 per month from ex as well as CB for both...

The front page of the CMS calculator clearly states that no payments are due when care is shared equally with the other parent.

Honestly, why is everyone on the fucking take at the moment. Just today there’s this thread, there’s another about how to claim carers allowance when you don’t do any caring, there’s one about the woman who “rents” a property for a peppercorn and then rents it out to try to divert funds and avoid tax. It feels like everyone is trying to scam someone or the system. It’s horrible.
OP you are bitter and greedy. It’s not a good look and whilst I know you think you’ll end up better off because half of what he earns is more than half of what you earn, you’ll destroy the amicable relationship lose any goodwill and flexibility lose any extras he was voluntarily paying for and ultimately make things worse for your children

His only evidence is my own admissions is a really strong position to be going in to an argument with.

I think the issue is, it doesn’t often go directly to the children. It isn’t used in total to up their extra curricular activities, or pay for additional tuition. It goes in the parents bank account, and they spend it on whatever they want to. Might be the kids. Might not.

Edited to add: before I get jumped on, I know most people spend every last penny of their money on their kids. But the OP has established herself as someone who sees the ex as a piggy bank for her, and hasn’t once mentioned how it will benefit the kids. Just that it’s not fair he has more money than her.

Do you need to see my award letter? Mine went to statutory reconsideration, I didn't even want to claim it, I was awarded £400 a month. Money I was never going to enforce as I had been happy with our private arrangement. I still got awarded it

I really hope this backfires massively and he goes for full custody and gets it and you lose all child benefit, all CM and have to pay him for both children 🤞
If you lie about him not having 50/50 then you getting charged with fraud would be the icing in the cake 😁

I mean you've claimed with CMS because you found out he earns loads so you want money even though he has them half the time. He's just playing your game...

"Your honour, I know I've put it in writing to a government agency that we do 50:50 but, um, I'm really bad at counting and it turns out the kids live with me full time. I'm as surprised as you! But this is why I deserve more money."

I consider myself to be queen of England. Where's my crown?

If you didn't want it the why didn't you close the claim?

I’ve had another letter asking about specific dates backdating to 3 months ago and the living arrangements of our children. I’ve worked out he has had them for one extra day compared to me - will this make a difference? What other evidence do they look at to decide who gets the benefit, what should I be sending in?

I can't see what other evidence you can send in really? He has them 50/50 (maybe slightly more) and can prove it.

I don’t think you need help, you’ve already managed to ace your masters in stupidity without it.

What should you be sending in? The factual truth. Over the last three months your children have spent more time with their father than with you.

You had to work this out, you didn’t realise that he has the kids more than you?

This thread is a perfect example of how to totally screw yourself, for no reason.

But you would be claiming CMS from him so still end up better off- just not quite as better off as you thought?

He will use this to demonstrate that he has the children 50/50, thus he won’t be liable to pay CMS. She’ll be worse off.

Actually, given that he in fact has them more than she does, she’s going to be the one paying him.

No, if they give us one child benefit each (which is what the woman on the phone at he child benefit office said normally happens in 50/50 cases) then it will mean the CMS will then let us claim for one child each. I’ll still be better off, but I will be losing my child benefit and then whatever they take from my earnings.

There are other qualifying criteria beyond ‘gets child benefit’. He has demonstrated that he isn’t going to accept paying (and nor should he). I expect is next step will be to officially establish the 50/50 by way of court.

He will use this, as well as additional evidence that he has them more than 50% of the time, to show that not only is he not liable to pay you child support, but that the only one required to pay is you.

Oh, and if he does end up erroneously having to pay for a period of time while this gets sorted, he can if he so wishes pursue you for reimbursement.

I pity him for having to deal with you when he was already more than fair and I hope your children take after him in generosity @ProlongedAffair

So after all this, will you be better or worse off than your original agreement with him before you started this thread?

Depends on what the outcome of all of this is. They still haven’t decided about the child benefits, they’ve asked for more info.