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Ex not paying child maintenance & claiming child benefit

2 replies

SalineQueen · 20/09/2024 07:39

Hi all,
thanks for your time.
my ex and I have been separated for 2.5 years and in that whole time I’ve not claimed child maintenance because I was too anxious about his reaction as he constantly goes on about how he’s too poor and it wasn’t his choice to split up. I’m also an immigrant and alone with no family in the country (I also can’t move back to my country) and rely on him and his family occasionally for childcare.
Our child spends 2 nights a fortnight at his and holidays are split 50/50 and works out as 25 nights a year (not including the fortnight nights)
I’ve also noticed that the main address for our child changes occasionally so I’ll miss important letters from the doctors or school, and have to change it back to my address. I found out this is because he is claiming benefits based on being the full time carer, but he isn’t, I am. I can’t claim benefits because my visa states no recourse to public funds.
I’ve put a request in through cms for a maintenance request, but after reading some threads on here, I need to prove I’m the main carer, how can I do this is if there is a history of the address of the child changing back and forth. Also what options are there for me to avoid his anger when he gets the request and makes my life hell again?
i hope this makes sense. I have issue with self advocacy and knowing what is available as support for me due to my immigration status and being autistic.
thanks again

OP posts:
OneForTheRoadThen · 20/09/2024 07:46

If there's a dispute over child maintenance it's awarded to the parent who receives child benefit, so you would need to put in a claim yourself and it would go to a decision maker. You'd need to provide evidence of you being the main carer such as taking your child to doctor's and dentist's appointments, doing the school run etc. are you allowed to claim child benefit as part of your visa? I'm not sure if that counts the same as other benefits as it's for the child.

Zanatdy · 20/09/2024 07:56

OneForTheRoadThen · 20/09/2024 07:46

If there's a dispute over child maintenance it's awarded to the parent who receives child benefit, so you would need to put in a claim yourself and it would go to a decision maker. You'd need to provide evidence of you being the main carer such as taking your child to doctor's and dentist's appointments, doing the school run etc. are you allowed to claim child benefit as part of your visa? I'm not sure if that counts the same as other benefits as it's for the child.

She said no recourse to public funds so can’t claim child benefit.

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