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 had this. Similar situation with the high earner (earned a lot more than your ex) putting in a joint claim. At the time I had just returned to work after the break for children and was on a very low salary. The claim was for spite. But I only have 1DC. I obtained the HMRC Child Benefit Manual. Page by page, it tells their staff what to do in certain circumstances and it provides the detail that you need to read to understand their decision-making process. I recall, despite it being more than 10 years ago, that if there is an even number of children, it is very likely their decision without any right of appeal will be to split the child benefit equally. I had helpful advice from a barrister friend. I provided evidence I was named as first parent for contact for doctors, dentist and school, and extra -curricular. I provided evidence that I used the money directly for the child. I at no times criticised my ex for making the claim, but I did provide details of our comparative incomes without further comment. I was awarded the claim. It might not be that much money each week, but it has been so helpful to me over the years. So you may lose the joint claim but still collect your evidence of who does what before he tries to change anything. If your CMS claim proceeds to court it might be helpful for demonstrating the 50:50 is for time only and not support for the children.

Yes. If I was in this situation as the higher earner, I'd have no issue with the other parent claiming the cb due to them being a lower earner. But I would have an issue with them then deciding to claim cms as well. If op also gets tax credits for two children, there's a further potential loss there. Not to mention the impact on the co parenting relationship all this will have had. I'd have put a counter claim in too.

So you only have one child and they gave it to you? But I have two so they will likely split and give one each.

Why would you expect CMS when you share custody 50:50?!

It sounds like you are being greedy, and as a result you will get less money. He was happy for you to have the CB money, but understandably he doesn't feel he should be paying CMS when custody is shared. How would you feel about him claiming CMS from you?

Is money worth destroying your co-parenting relationship?!

He’s a petty cunt. And a mean one to do something that means his kids lose out.

How long does it take them to make a decision?

Yes, they will split it between you. You both have equal care of the children, you both are equally entitled to it.

Not his fault. They’re 50:50. He covers half of everything. OP decided to go after his money for no reason other than she thought she could, so now he is going after what he is entitled to and that’s half the child benefit.
The kids will be fine. He is supporting them at his, they’re only with her half the time so they won’t lose out on much.

The other partner could also not let it ruin their Co parenting relationship whether they end up paying or not, it’s not just up to OP and also we don’t know the financial situation of OP

well HMRC benefit as its one less child benefit to pay - s the lady would of course be on his side iyswim

How many nights do you have the children and how many nights does her have the children?

Of course he was going to do something when your trying to claim cm when you do 50:50 care.

He’ll get no money from it though? So the children will lose out. As he has the children 50% of the time he will be paying a negligible amount of child support compared to his income. He’s a mean cunt and I stand by that.

Obviously it’s difficult to know the full story here, but if I’d been co-parenting well with my ex for a period of time, we were genuinely 50/50 and he also claimed child benefit for BOTH, I’d probably be a petty cunt too if my ex then suddenly went after me for cms on top of that just because they discovered I earned more than they thought.

If her ex is genuinely doing 50/50 including paying for his half of everything and picking up half the admin, she’s shot herself in the foot here. And if he’s doing 50/50, hopefully the kids won’t lose out as he will still be paying for loads on his 6 figure salary when they are with him.

Obviously there may be a back story here we don’t know about: he may be an abusive cunt, she may be minimum wage struggling to feed her kids etc. So yeah, petty cunt but I might behave the same in his shoes.

@ProlongedAffair yes he can claim and be awarded with two kids they usually goev one payment to each parent .
More than £50k earnings he can claim but it’s taxable.

What your going to have to prove is that your the resident parent .
so you may have 50/50 but is that just school runs and overnights .
or
who Does doctors dentists holidays school trips after school clubs .
clothes shopping school lunches.
if everything is exactly 50/50 with time and cost he has a case.
If he does less than you then you have to fight it and prove he doesn’t do 50/50

Of course his children will lose out as they’ll see the difference in finances their parents have and one way or another that’s going to impact their own relationships with their parents

He was happy to let you claim the CB because although it was a 50/50 it made sense for you to have that money.

You're now using it against him to try and make out you're the primary carer when actually it's 50/50.

Sounds like FAFO to me.

You are stil classed as entitled to benefit even if you don’t receive the payment. We don’t get the payment in our house but the kids are registered for it.

Why? If one earns more, they don’t have to subsidise the other. Thats life.

Sounds like your greed has got the better of you.

But that doesn’t mean that their children won’t lose out but what he’s doing trying to stop paying the CMS. The children will notice especially if OP is on a low income

Tax credits long gone. All UC now.

I have a funny feeling she is the type to spend the extra money on herself rather than the kids. Nails, eyebrows, booze, crushed velvet sofa!

But it’s not his job to make OP’s lifestyle/income better, regardless of what she does or doesn’t earn. That’s on OP.

I think you’ll also lose any other benefits you were claiming towards that child. If you’re on UC then they will only consider the child you receive child benefit for so this could be a very costly decision for you

Other pps have said that's the case. Yes i only have one. But I put a lot of detail into my post to be helpful to both you and perhaps other posters reading this thread as to the steps you can take to help yourself here.