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Legalities of ex claiming CB

28 replies

pinotmore · 12/02/2024 19:13

As a number of pay rises over the last year have meant I am going to lose at least some of my CB, I asked on AIBU a while ago whether I could let my ex, who pays absolutely no CM, claim it. I am due to pay him £10k in a few years when my youngest turns 21 and I would be looking to offer him the CB and to deduct whatever he gets from the £10k. The thread didn't get that many replies but most respondents seemed to think my proposition would be dodgy legally, and could even get me in trouble.

I've been thinking about this again and looked through the thread again. I think some people may have thought that I think legally if I let him claim the CB I would no longer owe him. Actually, I know this wouldn't be the case and would actually be discussing it with him and asking him to agree to not seek the full £10k if I let him have the CB. Ideally he would sign something legal, but I appreciate this might not be possible. I've looked at who can claim CB and I don't see that him claiming it would be illegal - he does have the dc about 6-8 times per month so there are costs (albeit minimal in his case) associated with that. He owns a house outright thanks to a recent inheritance so wouldn't end up being entitled to and gaining a council house as a result of it, as someone suggested.

I honestly don't think he would start a CM claim against me either - he's lazy and useless but not a total cunt. And if he agreed but then wanted the full £10k anyway, I'd still be no worse off than I am now.

So what I really want to know is are there any legal reasons why I shouldn't do this? I accept it's not guaranteed to get me the outcome I want, but that's not what I'm asking. I want to know, if possible, whether it could get me in any trouble? I'd be very grateful for any legal insight anyone has. I've linked to the original thread below.

https://www.mumsnet.com/talk/am_i_being_unreasonable/4849238-to-give-waster-ex-the-cb

To give waster ex the CB? | Mumsnet

I have been promoted this year and have been on just under £59000 since February. Apparently I will be getting a pay rise in the autumn too... I also...

https://www.mumsnet.com/talk/am_i_being_unreasonable/4849238-to-give-waster-ex-the-cb

OP posts:
prh47bridge · 13/02/2024 07:38

Gingerkittykat · 13/02/2024 01:53

The CMS can put a charge on his house for the arrears.

I don't understand why his liability is 0, even NRPs on benefits are meant to pay a few quid a week.

If the paying parent doesn't pay anything if they are earning less than £7 per week and are not receiving benefits.

itsgettingweird · 13/02/2024 07:53

I agree with upping your pension and keeping the Cb claim.

For 2 children that's £100 a month you can then out away towards the £10k. That'll mean you aren't worrying about him agreeing to a reduction ro where the money is coming from.

LilBus · 13/02/2024 11:34

Gingerkittykat · 13/02/2024 01:53

The CMS can put a charge on his house for the arrears.

I don't understand why his liability is 0, even NRPs on benefits are meant to pay a few quid a week.

Yes it’s possible for it to be 0 even if they are on benefits, if they have any debts they don’t have to pay anything at all until the debts are cleared with can take a year or more.

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