Ex DP unemployed and wants to claim child benefit in his name. Could this impact in other ways

[NoMoreLimbo]

Hi all. So my ex has been unemployed since spring. Lost the job due to pandemic impacting buisness etc.

It is pretty much a 50-50 arrangement how the DC's spend their time. At his insistence as when we split he was earning loads of ££ and before split he barely saw them. It was a horrid abusive relationship and it took years to break free. Anyhow, fast forward.

I am currently working and am not claiming the child benefit as I have to pay back most of it in taxes. So, of course as he is not working he should claim it as he would be entitled. However, he said he couldn't as there is already a claim in place (guess this is because I claimed it previously in my name and it is now on hold) BUT and it is big one. When I started looking into it to see what I needed to so that he can claim in his name is seems like the person claiming child benefit is automatically granted 'resident parent' status!

I am not happy with the 50/50 arrangement and he is controlling and emotionally blackmailing the DC's and I hope that the arrangement can be altered so that they spend more time with me.

I am concerened that he will also put in a claim for child maintenance despite the 50/50 as I am working and he is not. Any thoughts welcome.

Yes, especiallyin any ensuing custody hearings. In the eyes of the law whoever claims the child benefit is classed as the primary residence of the child

If you have more than one child he could claim for one and you could keep your claim for the other. I assume you have made a claim for child benefit but opted out of payment?

He might be entitled to child maintenance if there's a big difference in income even with 50:50 care.

Oh what a pickle.

Yes @dementedpixie I have opted out of payment lately as it just turns into a fuff with tax and repaying. I am lucky enough to have my job at the moment but who knows how this will turn out.

@Tinyhumansurvivalist it would be catastrophic if he automatically was granted primary resident.

I wonder if there is any solution to this as he could do with the money. It would be really messed up if I prevented him for getting the benefit he is entitled to just to protect the primary residence. ... Although I doubt he would not hesitate

I'd claim it myself and pay the tax.

@unicornparty he is currently unemployed. I am working full time.

Has taken in tenants in what used to be our joint home and I am getting the feeling that he would quite happily carry on not working.

Do you have more than 1 child?. He could claim for 1 and you for the other(s)

@unicornparty that was meant to say HE has taken in tenants. So he now house shares in the home the children go to half of the time

@dementedpixie Yes we have two DC's

You can ask for them not to make the payment. That’s what we did when my husband was earning over the threshold. I got the credits against my national insurance but we didn’t receive any payment of benefit at all as - like you - he’d have just paid it back in tax so seemed pointless.
Give them a call and claim it in your name as resident parent but opt not to have the payment made

if he has taken in tenants then he has an income, even if he isn't working.

I might point out to him that if he claims child benefit that may put a spotlight on his income and whether he's paying the correct tax on it.

if you claim it how much, relatively, is the additional tax you'd have to pay?

OP has already opted out of payment
The issue is that her ex would benefit from the payment as it leads to other benefits.

OP already claims it but doesn't get the money - she has opted out of payment but the claim is still there.

Does anyone have any 'official' links to say the parent claiming child benefit automatically has resident status? Could save me the bother of going to court if that's the case

Enabling him to be a lazy arse would be the consequence imo.
He can find a job like everyone else.
He sees CB as an alternative..

In the eyes of the law whoever claims the child benefit is classed as the primary residence of the child

No. In the eyes of the law where a child primarily resides is classed as their primary residence.

@frontlegsofacow I am googling like mad to see if there is an official link to this.

@Palavah I can almost say with 100% certainty that is he not paying any tax on the income from the tenants.

Would either of you know whether he could still claim universal credit even if he is not claiming Child benefit?

I am not sure if he is claiming universal credit or not as I suspect he has above the treshold in savings

Yes it would certainly open up the possibility he goes after you for child support and even primary residency. There is no way I would agree if I was not happy about his parenting. Offer to have the children more often if he cannot afford to.

I would claim it, pay the tax, and offer to pay him half of what he'd get each month - so the equivalent of 1 child's worth. But keep the claim with you.

If he is living there too, the people sharing his house are Lodgers (not tenants). For people on Universal Credit, the rent from a lodger is not treated as income. This means that whatever amount you charge a lodger, it will not affect how much Universal Credit you get.

Any income from a lodger might affect his entitlement to other benefits and tax credits.

Not a chance would I facilitate this!

Needs the money? Not your problem

I wouldn’t facilitate this. Too high a risk that being kind is giving an abusive man another stick to beat you and your children with, these are the consequences of his behaviour.

@Changethetoner Thanks for the update re lodgers-universal credit.

I am still not clear on whether not claiming child benefit would prevent him from claiming universal credit. Anyone??

Imo having CB is a gateway to other benefits.