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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.

Separation when can I claim child benefit

9 replies

Glitterbaby17 · 11/02/2023 17:33

This is possibly a stupid question but want to understand and not accidentally break the rules. My husband and I are separating. He is emotionally abusive and it’s got to the stage my 5 year old is scared of him and wants him to leave somewhere else. All came to a head and asked him to leave a couple of weeks ago, has since come out he’s got a girlfriend. Devastated as my kids are 2 and 5 but it’s over.

He’s air bnbing between work travel right now but still contributing to the mortgage. Am I able to start claiming child benefit as I earn under £50k but he doesn’t. Or do I need to wait until he has a new address? Thanks

OP posts:
waterSpider · 11/02/2023 19:49

You could have claimed it from birth, and should make a claim straight away. That also helps your National Insurance record.

If he earns £60,000 (post-pension) then, at worst, it would add to his tax bill. It never stopped you from claiming.

Glitterbaby17 · 11/02/2023 20:03

I've always worked so didn't need it for NI and seemed simpler not to claim and have to repay. I just wondered from a claiming/repayment perspective if we are separated but he still helps with the mortgage can I claim without him repaying? It is acrimonious and I don't want the drama

OP posts:
Mindymomo · 12/02/2023 07:36

Ring the child benefit helpline, they will tell you whether you can claim. Do you have his NI number, as they may need it. I would claim it, it says it can take up to 16 weeks to get it.

plumduck · 12/02/2023 07:38

Give them a ring and ask

LividNC · 13/02/2023 19:27

I was recently in a similar position and now claim it again.

In fact, they can give you back pay for a certain period. Get on it.

PicaK · 13/02/2023 19:30

Claim it tomorrow. Pronto. Before he does.

TimeToFlyNow · 13/02/2023 19:44

I'd ring them and ask, I doubt you need an address for him . Make sure you check with universal credits as well to see if you are entitled to anything from them

LunaAndHerMoonDragons · 13/02/2023 20:21

Are you known to be seperated? I think that's the important point for CB and UC. Do friends and family know, would it show on social media you're no longer together? Does DC know? Are you doing things seperately, like he's doing own shopping, cooking, laundry etc, are you acting as a couple at all? Own outings, each parenting DC seperately on their time with them? Specific separate days/nights you each have care of DC? Have you claimed CMS?

LadySeafish · 13/02/2023 20:25

I think it's when you are separated with it likely to be permanent. I don't think the guidance is much clearer so if you know that's the case it's finding the evidence to support it if asked. The separate living costs, new rental costs, address changes, proceeding to divorce etc

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