Child Benefit Rival Claim Ex Partner Earning Loads!!!!! part 2

[ProlongedAffair]

https://www.mumsnet.com/talk/am_i_being_unreasonable/5294980-child-benefit-rival-claim-ex-partner-earning-loads?reply=144269354

I can’t write on the previous thread anymore, so I’ve created this one for people interested in the outcome of the CMS case. I’m committed to telling people what the outcome is regardless of whether it goes my way or not.

She's just clutching at straws. He does far more. Like she thinks a piece of paper for a school trip makes her the main carer 😂

Actually I'm going to have to unfollow this because she's seriously doing my head in now. Poor bloke, I can understand why he won't engage with her anymore. The woman is absolutely impossible to reason with. It's like bashing your head against a brick wall 🧱 🧱 🧱

Any court date set yet?

The CMS tribunal has asked for evidence from both of us but I’ve no idea when the actual court date will be.

The youngest child has spent more time with him over the last few months, and it’s over 58% in his favour. He’s put another claim in for the youngest child’s benefit. What will they assess this time?? As it’s my word against his and there’s no court order in place, will they take the youngests benefit from me because he has had them a bit more recently??

Theres so much paperwork with all these agencies it’s unmanageable

The youngest child has spent more time with him over the last few months, and it’s over 58% in his favour. He’s put another claim in for the youngest child’s benefit. What will they assess this time?? As it’s my word against his and there’s no court order in place, will they take the youngests benefit from me because he has had them a bit more recently??

Yes, if the child is there more then he will be entitled to the CB.

You really have made an absolute mess of things for yourself

But there’s no court order in place so it’ll only be him saying he’s had our youngest more so why would he be automatically believed?

If they ask your ex how much he's had your youngest over the last few months and then they ask you, are you going to tell the truth or are you going to lie?

If I do tell the truth will that mean they will take the benefit from me, he’s had the youngest 58% of the time so it’s only marginally in his favour. If they did receive conflicting information how do they decide who to believe?

But surely they'd only get conflicting evidence if you deliberately lied by pretending your youngest was with you more than he actually was. Are you seriously considering lying to a government agency to get money you're not entitled to?

I am not saying I’m considering lying at all, I’m asking what happens if they receive conflicting information.

It depends on what the information is, how significant it is and how it conflicts.

What conflicting information did you have in mind?

But there’s no court order in place so it’ll only be him saying he’s had our youngest more so why would he be automatically believed?

Because unless you contradict him they'll have no reason not to believe him.

And tbh, given his previous dealings with you over this, he'll likely have good evidence of when the youngest has been with him to prove things just in case you decide to lie

Oh my god OP I really think you need to have a long think about the benefits to you of keep bending the truth. I know you think it’s not lying but this will not go well for you.

If the info is the truth it won’t be conflicting

If you submit incorrect information then that’s a lie

at the end of the day if there is conflicting evidence it may be that a court would go with the the most credible person. And that might not be you, if he can prove you are a liar

This thread is definitely real.

I do question this,

Even the most deluded person can’t keep clinging on to being a primary carer when they don’t even have their own children half the time anymore. Slowly as the thread progressed OP lost more money and time with her kids yet still going to court with their dad about money. She will end up with nothing

@ProlongedAffair really none of this is panning out in your favour. The dc now spend more than 50% of their time with him (regardless of past arrangements). The fact that you don't have a formal order won't make any difference. It seems inevitable that you're going to lose the second child benefit, won't be awarded any child maintenance and possibly even be required to pay some to your exDH. He's obviously dug his heels in, having previously been very generous but clearly alienated by you pushing for more. Might be worth preparing yourself for that financial position, anything better will then be a bonus.

An acquaintance offered up a neighbours video doorbell footage as their ‘evidence’. The child was caught on it almost every time they went to that parent’s house. It’s not like a court of law that has to be beyond reasonable doubt, it was balance of probability. So when they were seen on the doorbell camera arriving at that house at 530pm (or whatever), it was deemed ‘most probable’ that they stayed there.

Surely if conflicting evidence they will just keep with the original claimant to be on the safe side, unless there’s some sort of evidence like the doorbell footage?

Sounds like you are going to try and lie? 🤔

but you can’t have evidence of something that’s not true? There’s no evidence for you to present. I’m assuming you mean conflicting claims? And you already know that they don’t stick with the original claimant. If they did you wouldn’t have lost one lot of child benefit already.

how old are your children? Are you not concerned that if this goes too far, they may be asked where they were? Would you want them to find out you lied?

edited to add, because it was balance of probability and not beyond reasonable doubt my acquaintance was advised that text message between them and the child, a photo of them that was identifying of the date, and Uber eats receipts would potentially be considered.

If one parent says the child stays with me 70% of the time and the other parent says the child stays with them 80% of the time, how would they determine who is telling the truth though?? They’ve asked for dates spanning back to March!

Why don't you stop all this dancing around and ask what you really want to know - "how can I fake evidence that my child has been with me when he's not?"

They would only receive conflicting information if you lie😂

Anyone else think this thread might conclude with an update from the OP saying 'Hi All, I'm being charged with perjury. What will this mean for my child benefit?'

@ProlongedAffair the hole you've dug already is deep enough. You might have to take an oath or affirmation at tribunal. They might ask the dc if your accounts don't match. The facts are the facts however much that doesn't suit you and they will decide on the basis of more likely than not if there isn't concrete proof. Which will come down to the more credible party in all of this....

Is how much the child stays with the parent the deciding factor or do they consider other evidence?