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!!

Because it’s a flawed blunt tool. My friend once put her details in. She earned £35k, and according to the calculator she would need to pay her ex £170 a month for the 2 children they share 50/50. The judge was very clear he wouldn’t expect either parent to pay maintenance .

Given that you said here that over the last three months your ex has had your children more than you, presumably because you were as ready to lie to CMS as you are to everyone here.

Presumably, you have opened a claim and they are now looking into your entitlement. If they've done their work properly, you'll get a letter to say that your CMS entitlement is £0.00 and the paying parent must pay you £0.00 each month.

Because they have to process your claim to verify if what you’ve put on the application is true. It doesn’t mean, woohoo, he’s got six figures and you applied first, ding dong 💰

Why? When you've said throughout that its 50/50?

The OP name changed for this post. In a previous post, she explained that her ex pays her £300pm despite having 50/50, but sometimes she completes forms on the school website during his time so she feels like she does more. This was her excuse for applying for CMS.

Almost everyone told her, don't do it, you'll lose the £300 and ruin your coparenting relationship.

She did what she's doing here. "So what I'm hearing is, apply for CMS and he'll have to give me all his money and it can't possibly go wrong."

Bloody Nora 🙄

They have already awarded me the money actually

I told the CMS that it’s 50/50 but I consider myself to be the primary carer. They awarded me the money, I also have both childrens child benefits which strengthens my claim which is why my ex is now trying to get it.

You're not the primary carer. He has them more than you. You've lied.

Why do you consider yourself the primary carer though? You’re not.

DELETED AS I MISREAD the last post from OP

I think that's the issue, you might consider yourself the primary carer but the facts are suggesting that this isn't the case. If custody is 50/50 and especially if you are entitlted to half the child benefit each (even if he doesn't get it because of his income) then it's likely no maintenance is will be due in either direction.

It sounds like the CMS claim was successful based on inaccurate information, albeit I will assume made in good faith.

Because historically I did everything for the children and he only had them every other weekend. This changed a few years go and he now has them 50/50, but I feel like I still shoulder most of the admin and duties for the children.

You consider yourself primary carer because you used to be the primary carer...are you for real?

You "feel like" you do more admin, what admin exactly are you doing for 2 primary aged children who are only with you half the time?

No. He is trying to get half the CB because after years of him paying you maintenance even though he didn’t need to, you decided to get grabby and go for more due to discovering he was now earning more.
you created this. He didn’t

Oh get off your high horse, it's the principle of the matter.

The OP considers herself the primary carer and always has ever since she found out her ex was making lots of money.

Historically. Now he has them 50/50 and the reality is that you’ve become aware of his earnings and want more money. At least be honest about what’s going on.
Why not increase your income by seeking better paid employment yourself rather than trying to cream money off his earnings?

They’re not going to look at historically. They’re going to be interested in now. Your own maths for the last 3 months has you as 50/50. That’s what they’ll go on.

Have you redone the calculations based on now? Worked out what child maintenance you’ll get for one child (less the reduction he’ll get for the child that will be classed as living with him). Then taken away the loss of child benefit, and the child maintenance you’d (possibly) have to pay him for the child that will be classed as living with him? Are you actually better off? And is it enough to make destroying your co-parenting relationship worth it?

Cms isn't paid when 50/50

Sounds like it

Did you say he has had them more than 50% recently? So in theory he could get both Child Benefits and Child Maintenance out of you, and CM is paid no matter the earnings of the Resident Parent.

Receipt of CB is used as evidence of Primary Care Status by the CMS.

The OP is pretending to be the Primary Carer despite having 50/50 shared care.

He is claiming the CB to get evidence that he is an equal carer.

She since said that HE is the primary carer as he has them more of the time........ Greeeeeed

No - he’s he’s claiming it to establish he isn’t liable for CMS.