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Anyone with advice/opinions on child maintenance/child benefit issues please

8 replies

ilovetrees · 01/07/2009 18:57

I am going through a pretty horrible divorce at the moment - good to get away from a highly abusive man though. However, he's making everything hell and I would appreciate some advice or opinions on this.

Basically, my xh pays me standard rate maintenance payments as laid down by the CSA. This is fine. He has ds a fair amount (about 40% of the time but cancels now and again). Therefore, the amount of maintenance he pays is lower as it is based on the fact that he has ds 40% of the time. If he had him less, he would pay me more if you see what I mean.

I buy absolutely everything for ds by the way.

Now, to put the boot in as normal, he wants me to give him half of the Child Benefit on a private basis.

If he wants to make a claim on child benefit, he needs to contact the child benefit and make a claim, which he is free to do.

Obviously, in his own words, he "incurs expenses looking after his son" and this is why he wants half the child benefit.

I haven't heard of this before but am totally confused as to whether he has a point or not.

I would love some advice/opinions whether they be in favour or against. Many thanks.

OP posts:
curlygal · 01/07/2009 19:22

As far as I know child benefit can only be paid to one person - usually the person who has the children living with them.

I certainly wouldn;t be keen to pay half of the CB to my Ex P.....

I presume if you refuse he will just take it off your maintenance? My understanding of the way the CSA amounts are caluclated is that they take into consideration that the resident parent receives the child support.

What costs is he referring to? Food for your DS while he is with him?

OrangeFish · 01/07/2009 19:32

He can't force you to give him half of the Child Benefit. How is he going to do it? the parent who gets the child for the longer periods is the one who gets it, whether he likes it or not.

He can't take it out of child maintenance either if the CSA is involved. If it is not, get them involved asap.

Call his bluff, he can't do anything.

CarGirl · 01/07/2009 19:35

The CSA takes the CB into account when calculating it! Yep call his bluff and tell him to stuff off.

sparklefrog · 01/07/2009 23:17

I wonder why he wanted you to give him half the CB as a private arrangement?

He is not entitled to the CB. I'd tell him if he believes he's entitled to half, then to feel free to contact CB office. (He could do that anyway and then they will tell him to fark off No Sir, you are not entitled to the CB.)

RambleOn · 01/07/2009 23:49

Do you work?

The payment of CB means that the person in receipt has their NI stamp paid for them for that time.

If you don't work, and don't get paid CB, you'll need to make NI contributions in some other way.

ilovetrees · 02/07/2009 16:10

Thanks all, Ramble I do work by the way. I had a hunch that you would all reply this way.

Curlygal - yes you're right. He wants to take money off me to pay for electricity, gas, petrol, food, days out etc for ds.

I pay absolutely everything. Even had to give him £1 to buy something for mufti day!

I will take your advice and do nothing. He can contact CB if he wants to.

I didn't realise that CSA rates take into account child benefit.

Thanks everyone.

OP posts:
OrangeFish · 02/07/2009 21:35

CB is child benefit and you don't need to work or make any other contributions (NI) to get it, you get it if you are the main carer for the child.

You can get child tax credits, help to pay for child care, and other Tax Credit related benefits if you let them know you are now a single mum (provided you are not earning a LOT of money)

However, if you earn more than the father (like way more) it may be the case that you need to pay him some child maintenance. (It is in the CSA leaflets)

ilovetrees · 03/07/2009 22:02

OrangeFish thanks for that. I earn much much less than he does so no fear to me needing to give him money.

OP posts:
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