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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 - Who can claim child benefit?

20 replies

Whiteminnowfish · 04/03/2022 10:35

If both parents have equal care arrangements in place for child who is entitled to claim child benefit?

OP posts:
FTEngineerM · 04/03/2022 10:37

Either..

waterSpider · 04/03/2022 12:28

"Either" is correct.

But ... in some circumstances receiving Child Benefit is used to work out who pays child maintenance, and for 50/50 cases that can create problems. Also, receiving Child Benefit is more advantageous to parents earning under £50k, as it's withdrawn from that point.

millymolls · 04/03/2022 12:30

If it’s true 50:50 maintenance won’t be due

Can you agree who claims?

Whiteminnowfish · 04/03/2022 12:42

@waterSpider

"Either" is correct.

But ... in some circumstances receiving Child Benefit is used to work out who pays child maintenance, and for 50/50 cases that can create problems. Also, receiving Child Benefit is more advantageous to parents earning under £50k, as it's withdrawn from that point.

Stxw earns over 50k per annum

OP posts:
waterSpider · 04/03/2022 22:17

At £50k you start paying it back, and at £60k you get zero Child Benefit.

KimCheese · 05/03/2022 08:53

Also, if amicable and you can agree, then if you get it on your account then that can help with mortgage applications.

Ours still goes to the joint account which we're maintaining for now for shared costs.

Footballsundays6777 · 05/03/2022 18:12

Which house is used for school registration? Doctor reg and dentist… that is the primary home. Therefore CB could be paid

TracyMosby · 05/03/2022 18:13

Do you earn under £50k?

11stonesomething · 05/03/2022 20:01

This reply has been deleted

This post has been withdrawn at the poster's request.

Whiteminnowfish · 05/03/2022 20:55

@TracyMosby

Do you earn under £50k?

I earn 9k working part time

OP posts:
waterSpider · 05/03/2022 21:47

child benefit also passports you to some National Insurance contributions towards your state pension, that otherwise you might not get on relatively low earnings. But overall effect depends on various other things.

daisyjgrey · 05/03/2022 22:21

@millymolls

If it’s true 50:50 maintenance won’t be due

Can you agree who claims?

Child benefit, not maintenance.
11stonesomething · 06/03/2022 08:50

This reply has been deleted

This post has been withdrawn at the poster's request.

TracyMosby · 06/03/2022 10:33

I remember your previous thread. I dont know how, realistically, this is going to be 50/50 either. Youre clearly the main parent.

chantico · 06/03/2022 10:37

Either

Which if you lives nearer to desirable schools? Who receives child benefit is sometimes used as a determiner for deciding which address will be used.

If no maintenance is payable on 50/50, then there needs to be a joint agreement on what the cash element is used for. Defraying what would otherwise be a joint bill (maybe paying for uniform and school trips) or one parent hands half to the other. What suits best rather depends on how you have arranged for other costs relating to the DC

dementedpixie · 06/03/2022 10:39

I'd say the lower earner should claim it. If you have 2 children each parent could claim for 1 child

Whiteminnowfish · 06/03/2022 11:06

@TracyMosby

I remember your previous thread. I dont know how, realistically, this is going to be 50/50 either. Youre clearly the main parent.

I'd say I am but worried incase she puts up a fight

OP posts:
TracyMosby · 06/03/2022 18:04

You need the cb. Her behaviour has been appalling. Put up the fight. It wont be 50/50. Youll be doing the most due to her hours, and how she like to have time on her own for days without the children. Apply for the cb now.

Jne1 · 06/03/2022 18:15

I had to submit a counter claim for CB as my NEx (who earns £56K compared to my less than £50K) refused to transfer the CB to my name despite the fact that I have received the CB in to my account since my daughters’ were born (the eldest was in his name but always paid to me, the youngest was always in my name).
We do not have 50/50 shared care, it was nothing more than a point of spite from my NEx.
The process of making a counter claim eas straightforward enough, fill in a form. They write to both parents, I presume he had to complete a form with evidence of responsibilities (as did I). Children live with me, I’m in school catchment area (he is not), their Drs and Dentist are local to me, I am responsible for all purchases and day to day support.
The payment for the eldest was temporarily stopped whilst they reviewed the evidence (remember I said I received it although the claim was in his name) and once my application was successful I received the back payment.

I suspect he would have tried to appeal the decision… As well applying to the CMS, it was the best decision I made as it took away the control from him!

FabricedeSauveterre · 06/03/2022 18:18

I have 50:50 care with my ex and we didn’t have child benefit when together as my income was over £50k. When we split up he applied as his income was under £50k. I had to confirm he was the “main carer” to the child benefit people but I just ticked yes and wrote 50/50 on the form.

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