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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.

Universal credit and child benefit

8 replies

wildlingtribe · 13/05/2025 14:42

Hi,

how does it work with UC & CB when children are spending more time with the non-resident parent? Other parent hasnt ever provided for the children when they were all still home, and still doesn’t now. I am still sending money to them, paying trips, school stuff etc, as benefits are still coming to me. I am cautious this is the chance the Other parent has waited for to claim money, not to put it to the children’s welfare / everyday bills etc but on their own lifestyle to then also get themselves down for a house/flat despite living with my ex in law.

This isn’t spite. I’m just genuinely confused what to do. I’m worried that taking them off the UC & CB they will be at a loss because the other parent will not put the money where it needs to go. Whereas I am still paying for the children where necessary. But I’m just worried as technically they are staying with the other parent more than me now.

another thing concerning me is that there still isn’t any court order in place. I never agreed to the children living there, it’s a whole toxic and upsetting issue but I haven’t agreed and I am desperate to have our children back in the family home. But no idea what to do.
and what if they do come back, do I then change the UC & CB back again?

what’s the best outcome that’s legal and also child focused.

please reply kindly - emotional abuse is a strain and this is all very overwhelming too.

OP posts:
Mrsttcno1 · 13/05/2025 14:47

When you say spend more time with, do you mean nights? Who does the bulk of the care for the kids?

The parent who the child/ren lives with the most gets the child benefit, that’s how it should be. If you can’t agree between you and the other parent wants it then they can apply for the child benefit & HMRC then decide. HMRC prioritises the parent the child/ren live with the most generally so they get the child benefit, and then child benefit is the gateway to UC so they can claim that as well.

How old are the children, and why no court order?

dementedpixie · 13/05/2025 14:48

I would leave everything as it is and see if they claim anything. You are still able to claim CB as you are paying towards their upkeep anyway.

wildlingtribe · 13/05/2025 15:15

At the moment, some children spend more nights with the other parent, however - I am still paying for upkeep.

when you say care for the children - other parent doesnt do care. They do what they like and simple stay with the other parent at other parents mothers.

not a penny has come from Other parent in the whole split. And continues this way.

All children under 16.

OP posts:
dementedpixie · 13/05/2025 16:01

You’ll usually be responsible for a child if either:

  • you live with them
  • you’re paying at least the same amount as Child Benefit (or the equivalent in kind) towards looking after them - for example on food, clothes or pocket money

They don't need to be with you all the time for you to claim CB according to the link

wildlingtribe · 15/05/2025 12:10

@dementedpixieIm just unsure what to do because some are currently with him. But still ask me for money. And I’m still paying out (not CSA as I’m except at the moment) but I pay otherwise.

im really unsure about the UC, CB. Especially when no legal agreement has been made to say where they all live by law.

OP posts:
yeesh · 15/05/2025 12:24

I wouldn’t change it at the moment. If the other parent wants to claim for them they I would let them try & see what happens. It all sounds quite up in the air & disorganised with the arrangements at the moment.

wildlingtribe · 15/05/2025 21:12

@yeeshi just don’t want to be in the wrong with UC etc. other parent and family would be telling the kids that I am money grabbing no doubt. I was thinking to just take them off my claim otherwise he will turn them against me even more despite me still paying for stuff.

but equally, I haven’t ever received a penny for the children from other parent when they were all home with me. Still don’t for the others still at home with me.

OP posts:
wildlingtribe · 15/05/2025 21:15

@Mrsttcno1Theres been longstanding emotional abuse, I don’t have support so it’s something I’ve been really worried about doing because whoever I’ve tried to get support from - have the wool pulled over their eyes by other parent. So my faith in the systems isn’t good.

OP posts:
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