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!!

Yes.

CMS only care about how many overnights each parent has. As it’s pretty much equal, they would say it’s 50/50 care.

So.. you found out he earns 6 figures and took your chance to apply for maintenance even though you both share equal custody.. sorry but you don’t deserve anything, you both have the children equally, therefore he will have the same expenses towards the children as you do. What is it with women thinking they’re entitled to their exs money just because they laid down and had a child with them. Earn your own money!

It is 50/50 care on the case, but he still owes money, as I am the primary carer. He’s contesting this on the grounds of equal day-to-day care and arguing he shouldn’t be paying anything,

Yes it is unlikely the judge would reach a different conclusion to that of Child Benefit and HMRC?

Please get it through your head that you are not the primary carer, and he can and has demonstrated as much.

You are not the primary carer! You are equal carers! Why can’t you get this??

“Rival claim” it’s not a rival claim?

You’re mad OP, I’m not convinced this is real. Your greed has been your downfall.

CMS base it on nights they don’t look at admin.

The child benefit claim was a rival claim, because I was already claiming both, and he then tried to claim both and was awarded one.

I think it’s highly likely you will walk away with no CMS, if you really upset him and push him to it you could even end up paying him as you have already stated he has more overnights.

Deary me. How many times can you ask the same question, just in different ways?

YOU. ARE. NOT. THE. PRIMARY. CARER.

YOU. SHARE. CARE. EQUALLY.

Hes got evidence that its 50/50, and you've agreed its 50/50 care. CM is not going to be awarded and you're going to look very foolish.

Imagine 🤣🤣🤣

Why are you asking when you will not in any circumstances accept the answers you are offered.

CMS tribunal will not find different to child benefit when child benefit have conducted their own investigation into the award. As I said 37 pages of comments ago.. CB has an investigatory branch that is WHY he launched a rival CB claim and I guarantee you it was on the basis of legal advice.

CMS can be awarded where nights are 50/50 but care is uneven. For example if you had 50/50 nights but on his days you had nursery age children with you. Or if you collected from school on his days. Or in any way practically HAD the children during his nights.

CMS is not awarded because you feel you fill out more forms.

It is not too late to end this and try to salvage SOMETHING. You cannot win the CMS like you could not win and did not win the CB.

How on earth could you be the primary carer if care is split 50/50??
How are you struggling with this?

You are not a primary carer simply because you have a vag.

CMS won't see you as the 'primary carer'.
Get that out of your head.....you have 50/50 care.
The fact that you told CMS he has had 1 more night than you gives CMS a reason for you to pay him for the child he gets CB for.....while he pays you for the child you get CB for.
Very silly.....

No. You’re an idiot.

Hope that helps.

CMS does see me as the primary carer. When I opened the case, they deemed me the resident parent and I’ve been receiving money. He’s now taking this to court (CMS Tribunal), so I’m asking whether a judge will see it differently!

@ProlongedAffair Based on the evidence you've provided, that he had them for more nights than you did, the judge will reverse your position as primary carer.
You have shot yourself in the foot.
Worst case scenario for you is that he will be considered primary carer and you will pay him.
Best case, and most likely, is that it will be equal care.

CMS saw you as primary carer because 1. You said so. (They will assume you're telling the truth until they see evidence to the contray) And 2. You recieved child benefit.

Receiving Child benefit is something CMS would have considered as proof you were the primary carer supporting what you said originally.

But circumstances have changed since you opened the case. He's said no she isn't, and he opened a rival child benefit claim to support his case. He was successful and you now are awarded one child each. So when he then says to the judge its 50:50 these are my nights, I am fully responsible for care and appointments when they're with me, we have ChB each for 1 of the children the judge will see things are different and are unlikely to find you the primary carer anymore

Dear God Almighty. It’s like bashing your head against a brick wall now….

@ProlongedAffair I have quoted my previous post which has outlined exactly what court will consider.

CMS have considered you the primary carer because you told them that you are and they take the claimant on their word and put the onus on the other parent to prove otherwise which is exactly why your ex is taking this to court

You really need to take your head out of the sand.

You can continue to ask the same question over and over again but the answer will not change. You can continue to assert the same thing over and over again but that will not change the facts and that you are wrong and it will not change the outcome in court.

You need to face the reality of the situation and take steps now work out how much of an issue this will cause to you financially WHEN you lose the CMS and IF he stops what he was contributing on top of the loss of child benefit.

And you need to face facts that you will need to repay the CMS amount you have had and how you will manage to pay this.

When you opened the case you had 2x CB.
It is different now he has CB.
You are seen as 50/50 no question.
He still may owe you because of the difference in £, but ultimately you now cannot claim for the child he has CB for,
As it should be!

He is obviously not going to pay me any money privately he said months ago if I didn’t drop the CMS case and it found it in his favour he would no longer pay any money voluntarily.

Why do you still think they will keep the claim with you? You have been told over and over and over that it doesnt matter what he earns or if he earns too much. That has nothing to do with who is allowed to claim. He is entitled to it as 50/50 carer and will be awarded it. He can then refuse the money or pay it back through tax returns. It has no baring at all on whether or not he will be awarded it. You’ve been told this over and over.