Child Benefit with 50/50 custody – can we each claim for one child?
I’m looking for advice from anyone who has been through something similar, particularly if you’ve managed to split Child Benefit between two parents with two children.
My ex and I have two children together and share custody on a 50/50 basis, alternating weeks.
The current Child Benefit arrangement
Child Benefit is in my ex’s name, largely as a matter of circumstance (I was extremely poorly in hospital after having my first child - he registered for CB whilst I was there. As he already had an account, it made sense for him to register for CB for our second child too). It was never properly discussed that he should be the claimant, it just made sense. We were married after all.
When we were together, it was paid into our joint bank account. After he left me four years ago, the joint account inevitably closed a couple of months later. He then claimed the full amount into his own bank account and kept it all.
Less than a year ago, he finally agreed to transfer me half of the Child Benefit when he received it. So, although we now effectively share the money, the claim itself remains entirely in his name.
Why I want to change the arrangement
I’m not trying to be greedy or get more money at his expense. I’d ideally like either the whole claim transferred into my name or, alternatively, for us each to claim for one child.
I’m currently reliant on benefits and may need to apply for social housing for myself and the children. Having Child Benefit officially registered in my name could be useful when demonstrating my circumstances.
I’m also aware that receiving Child Benefit can protect National Insurance credits towards your State Pension, subject to the applicable rules. I’ve effectively missed out on this for the last nine years because the claim has been in his name, while he’s been the person receiving those credits, assuming he was eligible for them.
Our childcare arrangements
Although we have a formal 50/50 custody arrangement, the practical reality is that I have the children with me throughout my allocated weeks.
During his weeks, he regularly sends them to stay with his parents, including overnight stays at weekends. I appreciate that he’s entitled to arrange childcare, and I’m not suggesting otherwise. However, I do feel it’s important context when considering our actual caring arrangements.
The background with my ex
Our separation was four years ago, following his affair. Since then, I’ve experienced significant financial difficulties and what I feel has been a continuing pattern of financial control. I’ve lost my family home and my car, among other things, and I’m now trying to rebuild my life financially.
This is one of the last financial arrangements that remains entirely in his name.
I contacted HMRC to ask about the situation and was advised directly by them that splitting the claims, with each parent claiming for one child, was a possible arrangement to consider. I put this proposal to my ex, but he immediately dismissed it and said he wouldn’t change the existing arrangement.
I don’t know whether his refusal is about the money, control, or simply his belief that the current arrangement is fair. Either way, I want to understand my options rather than just accept his refusal.
My questions are:
- Has anyone with two children and a 50/50 custody arrangement successfully agreed with their ex to each claim Child Benefit for one child?
- If one parent already receives Child Benefit for both children and the other parent wants to make a claim, how does HMRC handle this? Does it treat it as a competing claim?
- If one parent refuses to agree to a change, can HMRC consider the circumstances and determine who should receive Child Benefit for each child?
- Has anyone been in a similar situation where the existing arrangement arose through circumstance rather than a deliberate agreement?
- Have you encountered any problems with HMRC when trying to divide the claims this way?
I’d particularly appreciate hearing from anyone who has dealt with HMRC directly and can share their actual experience.