Child benefit

[Trish99]

My daughter’s ex took her to court in January and got 50/50 share of their two boys. The reason for this was he hated the fact he had to pay child maintenance , however as the children are registered as living with their mother he has to pay a minimal amount. This has now increased as he is earning more this year and he is absolutely furious.. the next step he has taken is to apply for child benefit for one child benefit to be paid to him. Considering he earns around 4 times my daughters income... surely this can’t be possible?? If he succeeds ,as far as I am aware he won’t have to pay her any maintence at all. Unbelievable that a father can deprive his children out spite and anger!! Anyone been in this position? Advice would be appreciated... thank you

It's a tricky one. yes in theory they could claim for one child each. Surely your daughter can claim child tax credits though if she is on a low income? Only one parent can claim tax credits and if he is on a high income then he won't be able to anyway.

The form to be filed in asks who provides clothes /toiletries etc. Maybe suggest she starts keeping receipts she can send off as proof she does provide these items for the dc.

How much does he earn? There is an income cap of £50,000 over which a charge is incurred so it may not be worth his while to claim it.

If your DD is already claiming the child benefit then her ex will find it very hard to get the benefits. Just to make sure that he doesn’t your DD should gather evidence that the children live with her. Letters from the school and Doctors saying that they are registered as living at her address will be the main items, but as advised above tell her to keep receipts for any items she buys the children.

Why does he pay any maintenance at all for a 50:50 arrangement?
Is it not actually 50:50?