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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

50/50 care going to 80/20 and child benefit

7 replies

MsJinx007 · 18/05/2017 13:35

Hi. I currently have 50/50 shared care of my two children. My ex husband has just won a rival claim for child benefit based on this arrangement. He is in receipt of CB for one child and me the other. Due to a variety of reasons my ex is in agreement for the shared care court order to be amended for care to be 80/20, with the children spending 11 nights out of 14 with me. He declined tea times during term time and significant holiday time with them. I am awaiting for the court order to go through. Will this have any bearing on child benefit? Even under 50/50 care I have continued to pay for everything for the children in regards school uniforms and lunches/trips/clubs/social activities/haircuts etc. I take them to all appointments. He does of course pay for their meals and clothing when they are with him, his new partner and her children at her house He has stipulated that when the new court order comes through he will no longer supply clothing and I am to send adequate clothing for when they are at his. I am at a loss. Any help or advice would be gratefully received.

OP posts:
dementedpixie · 18/05/2017 14:20

Once the access changes could you then counter claim the child benefit for the other child?

MsJinx007 · 18/05/2017 15:16

I'm not sure, I was in receipt of CB for both, then my ex put in a rival claim and won but now it's looking like he'll be having even less input in my childrens lives but getting some of their money. Is it possible to put in another rival claim? The CB office were confused with the decision that was made, they couldn't understand it themselves. I'm now waiting for a call back from the Rival Claims department which could take 7 days. My ex has cut off all contact with me and leaves me to arrange everything. I think above all I'm just frustrated that the child benefit office have made a decision which has massive consequences on what I can now provide for my children.

OP posts:
LemonSqueezy0 · 20/05/2017 17:14

If you have 50/50 and 2 children it is often true that 1set of CB goes to each parent. If the access changes, the CB could be reclaimed by you, just send them the court order. You aren't under any obligation to send clothes to his, it would be your decision.

Justmadeperfectflapjacks · 20/05/2017 17:20

Please contact your MP and spell out everything. .
Been in similar with counter claim and benefit fraud (exh for 9 months when ds was living with me).
MP sorted it in a day!!
Email him /her tonight and expect a reply on Monday!!
Good luck.

suntansally · 25/05/2017 09:36

Do you know if this includes tax credits please?

suntansally · 25/05/2017 09:39

My ex is simply making sure he has our 4dc's 50/50 purely for the benefit claim I'm sure it's not finalised yet financially but I'm sure that's what he's doing

InDeNile · 30/05/2017 13:47

If the children are with you 11/14 he will have to pay you maintenance, won't he? Which could be much more than the CB (dependent upon his earnings).

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