Child Benefit

[JoyousRaven]

I divorced from my husband approx 10 years ago - we have a son who is nearly 12.
After horrible court proceedings, we ended up with a 50/50 arrangement.
Ex has sent a snide message today about child benefit. I passed the threshold many years ago and haven't claimed it so hadn't considered it. He's obviously been seething about me claiming it for some time.
If I were to tell him to go ahead and claim it, what impact might that have? There is no child maintenance payable due to 50/50. Any potential future banana skins I need to be aware of?

Nope. No problem him claiming it. Don't know why he's being snide. Just tell him you aren't eligible and he didn't ever raise it so its never come up

The only thing I really didn't like is that to claim CB you would have to confirm he has them more then you. Far as i remember from the process you have to say that they are the resident parent.

I wouldn't bother responding.

Just say “I assumed you were already claiming this and I haven’t been”

make him out to be a stupid dick

Ignore him. It's not your job to provide information or facilitate him claiming anything. You're divorced, he has to do his own wife-work now!

Thanks for the responses!
He's being snide because he's an angry bitter man who hasn't moved on. I'm almost relishing the thought of telling him I've earned too much for years to claim. He's done everything in his power to pay as little as possible in CM for years, using it as another method of control.

I do have the option of increasing my pension payments as I'm mainly a little over the threshold (this came up in a pension review, how are you supposed to know these things?!) when I was looking to overpay so I can retire before I'm 85.

Are there legal implications, would it make him the 'main parent'?

This came up as I asked him to pay towards school stuff. He said 'as you're getting CB we can go halves on the lessons if you pay me half the CB'

Tell him you aren’t claiming and why. There is no need for any further comment. You are not his search engine.

Here are the rules.

https://www.qredible.co.uk/b/child-benefit-shared-custody/#:~:text=KEY%20TAKEAWAY%3A%20Understanding%20child%20benefit%20in%20shared%20custody&text=The%20general%20rule%20is%20that,be%20split%20between%20the%20parents.

By him claiming CB he becomes the primary parent I believe and he is then legally the primary residence, which could cause issues although at 12 he is already in high school so applications wouldn't be an issue.

I would speak to a solicitor to see what the legal ramifications might be. But to be earning enough that you don't get CB it could mean he could go after you for CM. It's a misnomer that is isn't applicable on 50/50 situations. Dd's dad and I did 50/50 for the first few years, he earns the best part of 3 times my salary despite us both working FT. I still get CM.

You can claim child benefit if you pay at least the child benefit amount for upkeep of the child even if they don't live with you. It doesn't make him the resident parent.

Yikes!! He would LOVE to get CM from me.

Having done some googling it would appear that if you are the parent that receives CB, even in a 50/50 agreement you could claim CM.
He puts the absolute minimum through his books (he has told me this) and somehow HMRC accept this, even though he's reporting a salary you couldn't exist on.
I'm PAYE and have worked my way up to a good salary. Hmmm, one to think about

Too many people think 50/50 automatically means CM is void, but it isn't true.

I would out the info you know about into the CMS calculator, do it from his perspective on what you think he is declaring (of self employed you might be able to see his last submitted accounts online) and check whether he could go after you.

I'd almost be tempted if he could to claim it and pay it back to protect yourself.

But definitely see a solicitor

Thank you, I will definitely see a solicitor.
I had a CMS case open which was closed, presumably when he provided a copy of the CO.
It says that as there is an equal share agreement there is no CM to be paid.
I will run the numbers through the calculator though, good idea 🙂

Given your earnings that's not surprising, but where a large enough disparity exists it is payable so if he can manipulate his earning for HMRC he can definitely make it look like you owe him.

I just found this on the CMS website

This.

Just checking you realised that the threshold went up a fair bit recently.

I do, thank you 🙂

OP just claim the CB yourself and then pay it back via taxes or however that works. Just so he can't claim it. Because he's a knob and doesn't deserve yet another way to shaft you. And stop asking him to go halves on things like he's a normal reasonable human capable of behaving like a proper person and not a knob. You're just handing him sticks to beat you with. Buy your DC whatever you think they need, he can buy them whatever he thinks they need. Communicate with him as little as possible. Unless you're some kind of masochist who enjoys this drama.

Thank you for this! You're absolutely right, I do try and have as little contact with him as possible.

He could actually make a counter claim and the CB dept would decide who would get it if you dispute his claim.

I'm not too bothered about the money, I've not received it for years.
It's more the legal implications I'm concerned about - he's on the warpath and very determined to make life difficult where he can.

What would he tell your ds? My exh told my dc I had signed them away when he got CB for 2.....

If you’re only just over the threshold definitely take up the option to increase your pension contributions and claim the CB.

while there isn’t a major issue with him claiming, it does mark him as “primary parent” which I believe could cause issues down the line if he got arsey.

if you don’t want to do the pension thing claim it anyway, repay via tax code, and let him challenge it.

does he earn under the threshold? If he doesn’t definitely put a claim in.