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!!

It's startling to see so many vehement arguments that a parent should contribute as little as possible to his children's upkeep.

If he has them 50% then that money can be spent directly on the kids, it doesnt need to go to her. That only applies if she has them more.

OP - don't listen to some of the posts here saying you are not entitled to CB or CM or won't qualify with 50 / 50. No one should be casting judgement on your situation. If you feel you are entitled or something is wrong with a decision you can challenge it.

I assume OP is working ft?

He will get the child benefit for one child.

Another poster telling you to appeal with Murphy’s child beneft ruling isn’t helpful for you. That’s in cases of odd numbers. In this case they had 3 children the husband was allowed to claim for 1. But the court looked at who would benefit most to having the extra odd child.

You have an even number so will be one child each

Does he pay half of absolutely everything? I think it depends because obviously if it’s 50/50 and he’s not paying anything towards uniform/clubs/trips/clothing etc then I think he should be paying maintenance but if it is true 50/50 and he is literally paying half of everything I can’t see why you need maintenance OP?

also, even if he tries to claim CMS off you won’t his CMS to you be higher anyways so he would still be paying more than you are if that makes sense?

@GeorgeA12 I'm not casting judgement, I'm quoting fact as a mother who had her kids 50/50 for years.
No CM due. Salaries irrelevant.
He can claim CB for 1 child of 2.

Your post is totally useless and actually really unfair to the OP because you’re telling her someone false.

He will 100% he awards the CB for one kid. She can’t appeal it, or she can but she will lose. It’s even number of kids so they will split it. The extra decision making comes in for an odd number of kids. She won’t win.

When he gets CB, he will only need to pay CM for one child (unless he appeals and wins due to 50:50 and will then pay nothing).

That is 100% what will happen. Telling her anything else is just cruel and useless. It’s wrong.

He will get child benefit awarded for one child. He can then lodge a claim for cms against you for that child. You can input your details on the cms calculator online, to see what he'l be awarded and what youl be awarded from him for the one child and work out the difference.

Are you the judge in this case?

It won’t go to a judge. This is a settled issue. It’s very very common, it will be one each. There is nothing to litigate through court.

@GeorgeA12 It's fact.

Read the case law. Ta.

@GeorgeA12 As I said, I had my own children 50/50 for many years so think I might just know about the reality here. I repeat - ex can claim CB for 1/2 children and no CM due by either party.
What is your legal qualification may I ask?

Are you up to date with child benefit case law? Read the case I previously mentioned for starters.

@GeorgeA12 So you're saying I don't know, despite having lived 50/50?
And again - what's your legal qualification?
As another poster has said, it's not even a court issue!!!

Yes I am. Read the case I mentioned. It involved three children with equal care between the parents. The dad was awarded CB for one child by HMRC. This was overturned by the judge because the mother had significant lower income and stranded to lose more by not having the CB.

If he has the children 50/50 he's entitled to it, end of. You are not entitled to child maintenance either.
You've what is known as "pissed on your chips".
Are you working?

It could be challenged by the OP and go to court if necessary

So, just to recap, the OP got greedy and put in a claim for CMS based upon lies (i.e. she's the primary carer). The ex has now submitted a child benefit claim to prove that he's a primary carer.

That will result in the OP losing child benefit for the second child and also the CMS. The ex will gain child benefit for a child, but might have to pay it back if he doesn't pay enough into his pension.

What a silly thing to have done. 😂

He’s already contributing 50%. I wouldn’t argue he needs to contribute as little as possible, but I would suggest it isn’t fair that OP wants 50/50, all the child benefit AND maintenance.

yes it’s likely he’ll get rewarded it for one child if he’s got 50/50 care of them.

@GeorgeA12 No, you don't have a legal qualification then.
One COURT case doesn't change the fact that the rule is if true 50/50 and 2 children - CB will be divided by HMRC so that each parent receives it for one.
Even in the case of hugely differing salaries.
Me - earn under £30k pa and privately rent 3-bed as as can't afford a mortgage.
Ex-husband - lives in property worth over 1 million with swimming pool, hot tub and McLaren.
HTH?

FAFO 🤣

I believe if the non resident parent has 50 / 50 they still need to pay some CM unless they get a court order to prove equal responsibility.