Does being the child benefit claimant give you more parental rights?

[peachypeachy]

My ex partner is asking to claim the child benefit for our primary aged child.

Currently our childcare agreement is split over 10 days - child with me 6.5 days and with ex 3.5 days of every 10.
My ex lives with new partner and I have a new partner and we are planning on living together in the future.
No child maintenance is being paid.
My new partner earns over the threshold for child benefit so if/when we live together I'm not going to be entitled to the payment.
My ex though is really pushing for it and I suspect it's about more than the money (though my ex is very money driven). Constantly threatening to report me for fraud if new partner moves in and I continue to claim CB (I would declare btw)
Does being the CB claimant give you more rights as a parent?

Depends on if he's using it to claim maintenance and claim other benefits?

So does claiming child benefit mean you can make a child maintenance claim?

Do you work? If you don’t then claiming child benefit protects your National Insurance contributions even if you have to pay it back. It’s meant to be claimed by the parent the child lives with the majority of the time.

It might also affect secondary school applications in determining which address the child applies from.

It usually means that the parent claiming has the children most of the time.

It sounds like he's threatening you to get some money and is confident you will let him have his way.

If he claimed child benefit he could also claim other benefits as if the child/children lived with him full time. That would be my concern.

But if you're going to declare your new partner's income and not claim child benefit, then he has nothing to hold over you.

Why does he think he's entitled to child benefit if he only has them less than half the time?

It really doesn't have any bearing on parental responsibility.

So does claiming child benefit mean you can make a child maintenance claim?

If he lies and claims to be resident parent, a CB claim could be used to back that up.

You've got the terminology a bit wrong here and it is important. You are still entitled to claim child benefit, but if your household earns over a certain threshold, you have to pay tax on it. This in effect is the same amount, so you don't actually get any money. But you would NOT be doing anything wrong if you continued to claim - so your X's threats to report you are nonsense.

There are situations where it's worth claiming, even if the total income is over the threshold. For instance, if the partner claiming doesn't work, it means they (usually she to be fair) will protect her NI payments which has an affect on pension.

So it's not clear cut and you have to look at your individual circs before making a decision.

Lecture over, now to answer your OP. Why the fuck would you let a man paying no maintenance also claim the child benefit?

It could make a difference if main place of residence was disputed when applying for a school place. Child benefit could be used as one type of proof of main address

You can still claim cb even if you just put it aside to repay tax. It maintains the child’s residency status for school etc and (sorry ) if you and new partner ever split you would remain eligible to receive it which you may not if ex was claiming.

We both work full time and always have done and neither of us claim benefits.
My worry is that by claiming the child benefit my ex will then make a claim for maintenance payments from me.

*You would not be doing anything wrong if you continued to claim AND declared it on your tax return, that should say. And of course, how would your X know what your tax return said? So he can report away, but as long as you declare it in tax, you aren't doing anything wrong.

I believe so, Yes. The child benefit claim can contribute to proof of main residency- so schools, hmrc, benefits, courts etc would be based on the assumption that the child’s main residence is with the parent claiming cb.

Plus as pp said if you’re not working it will affect your state pension.

Quick google shows primary parent should claim.

@Berthatydfil's point is a good one. If your circumstances change and you need that money, you'll never be able to get it back from your X

Thanks for your reply's all. I live in our child's school catchment area and ex doesn't and the school is over subscribed so potentially could loose the school place?

You have the children more therefore their primary residence is with you and the cb goes to you. He can't claim maintenance if you have them more nights. If anything, you have a claim against him.

You can claim child benefit but opt out of payment so you don't need to pay anything back. You are still entitled to claim regardless of earnings but either opt out of payment or pay some or all of it back (all paid back if the higher earner earns £60k+)

Oh gosh definitely not if it will put the school application process in question. And I also second the poster asking why would you do it if he’s not paying any CM.

I currently earn more than my ex partner though it's likely my ex will take over me in earnings in the next 4 years.
I haven't pushed for maintenance payments because I'm incredibly independent (stubborn) and my child is adequately provided for. We live a comfortable life within our means though there is never anything left at the end of the month. We split some costs and both provide clothing and food in each home etc.
Also, finances are touchy subject - and I prefer to keep the peace but reaching the end of my tether with the ex!! When we separated we had a loan that was in my name but for joint spending - my ex initially agreed to pay me half the outstanding amount when our jointly owned home was sold but then refused when everything was complete saying it was in my name and legally therefore had no responsibility to make a payment towards it, so didn't!! I'm still paying this and will be for another 3.5 years!

I constantly get mssgs from the ex asking if new partner has moved in yet and when will I sign the child benefit over.
My new partner and I have not yet decided when would be the best time for us to live together but we know that we're heading that way in our relationship.
But seriously cant believe how much fuss is being made over £80 p/m. The ex doesn't need the money, has £££ in savings and they have a good household income.
I'm suspicious that the ex thinks claiming CB will equal more parental responsibility and I guess that could happen if the ex claimed residency based on being the CB claimant.
Also, the ex is incredibly money driven - everything has a monetary value (it's so sad that money is more important to the ex than anything else) and I'm sure there would be a big, fat, smug grin in thinking I was short every month because I no longer had CB payments and I'm sure there would be a claim made by the ex for maintenance payments from me if the child benefit would prove residency!!

Do not let him have the child benefit.

Just tell him you will keep claiming it. Its perfectly legal for you to do so

Thanks, that's my plan now