Child Maintenance

[jabuiiiia]

My very soon to be ex-husband is having our child for four extra days over the summer holiday, tagged onto his usual every other weekend arrangement.

(Father of the year)

He is demanding I pay him our child’s disability living allowance for those four days and will be reducing my maintenance payment by four days that week.

Once we are divorced I will be going down the CMS route but don’t want to rock the boat before then.

I just want to check whether he is within his rights to do this or if there is anywhere that confirms this online as I have been unable to confirm if he is or isn’t allowed to do this?

Understand so then you need to say

I will.pay you for the days DLA when you start fairly sharing the costs eg uniform

why aren’t you going to CMS now?

He is unreasonable to ask for the days DLA payment though as presumably you are the one incurring the additional costs of your DC disability?

It seems you are trying to keep the peace for now.

If you don’t want to rock the boat by going to CMS before divorce, why rock the boat over what on any view can only be a few quid? I’d do both, or neither.

No, he has no right to the DLA for the 4 days. It is paid to you to cover the extra costs of your child's disabilities. Does he need it for that purpose. He's just trying to control you this way, I would advise you not to give in to his demands.

I was just trying to find if he was entitled to do this or not as had no luck trying to find a definitive answer online.

Still no definitive answer so will just suck it up for now.

If I had the smallest inkling this would happen then a few days DLA would be the least of my problems.

we are going around in circles

my response was initially in response to a poster saying sending of child with no spare clothes or tooth brush

and I said … not if it meant the child suffered

Anyway, if you simply say “no that’s not going to happen re giving you the DLA”, how do you think he’ll respond

Then just get a CMS assessment, let him make his submissions regarding the number of nights he is having DC this year (as that what CM is assessed on) and go from there. CM doesn’t involve a transfer of child benefit or other allowances (so far as I’m aware) - it’s just how many nights in a year the “non-resident parent” has the child.

If it were me, id give it to him, but, all in 1p's 😂