Paying back child benefit.

[tellmesomethingtrue]

I earn minimum wage. STBEXH earns over threshold for child benefit.
I still claim it to get the NI credit and as we are separated, so I am in the system ready for when we divorce.
We live in the family home. We both pay a percentage towards bills so he pays more actual money.
I'm of the understanding that STBEXH needs to declare that as a married couple, our joint income is over the limit and he needs to pay the CB back.
Does anyone know if this is correct and how he does it? He is refusing to achknowledge that he needs to pay it back and I'm worried he'll get a fine.
I haven't spent the CB in case 'we' need to pay it back although obviously it would be very handy to pay for our kids trips and uniform/shoes etc.

I thought that you both have to earn over the threshold to not qualify for CB (as long as it’s in the name of who earns below). A citizens advice worker told me that (I can’t clarify it!,) but I’m sure that’s the case.

Apologies just looked into it I’m wrong

But I wouldn't recommend that if you are on minimum wage and separated. You are entitled to the benefit.
This may be useful for couples who live together and don't want to go through the hassle of a self assessment (although it's actually quite easy to do)

No it's one individual.

So 2 people could earn £59k each (£118k in total) and receive child benefit.

But where there's a couple and one earns £81k and the other earns say, £19k (£100k in total) - they can't claim even though their household income is less.

I'm keeping my payments in a bank account for when STBEXH has to pay it back but as soon as we are divorced, I will be keeping it.