ExH wants to claim the Child Allowance

[thebighouse]

We are getting divorced. He earns over twice my salary but will not pay any maintenance as we have 50 / 50 custody.

He wants to claim the Child Allowance so that I won't ever make a claim on his salary. But I don't earn much and need the money. I also don't want to give it up.

What can I do?

You need legal advice asap.

how can he claim it if you are already claiming it? i know you share residence 50/50 but usually there is one parent who is considered the primary carer that gets the child benefit.

don't give it up

he won't be able to claim it anyway if he's a igh earner (or it will be reduced) you could use that as an excuse

don't be bullied

hope you've got a good divorce lawyer too - get your fair share

www.direct.gov.uk/en/MoneyTaxAndBenefits/ChildBenefitandChildTrustFund/Childbenefits/Gettingstarted/ClaimingChildBenefit/DG_173610

See a solicitor. The Child Benefit and any other available benefits like Child Tax Credits are given to the main carer which currently means you, the mother. Make sure everything is paid into your personal account and not a joint one. In addition, he is obliged to support his children by paying a percentage of his disposable income in maintenance. He can either agree to do this voluntarily through mediation or you can refer it to the CSA and they will work out a figure.

Remember that nor receiving child benefit could affect your ensign as well.

If he has the children for half the time, I think he is entitled to claim half the child benefit. Everyone's right, you need to get some legal advice. CAB are fantastic for this.

what does ensign mean

probably means 'pension'

What a miserable bastard he is. So he's wanting to take money off you which would feed his child? What a fucking pig.

Phone the CSA and see if they can help.

I wish you didn't have 50-50 with him, to be honest.

Tell him to sod off. Child Benefit gives you an automatic credit towards your state pension, which if you aren't earning enough to pay NI contributions is very, very important.

here

I assume he is sorted for his own pension? Seriously, get some legal advice asap.

That was really interesting, BustersOfDoom. I didn't know that.

I wish we didn't have 50/50 care either, but he is totally insistent. He is in the marital home so I think he would be in a good position to claim that he is RP and therefore entitled to the CB. :(

Get legal advice, given there is such a discrepancy between your salaries - it makes a BIG difference in my situation. A lot of solicitors that deal in family law offer free 30 min consult, in person or sometimes over the phone.

''He wants to claim the Child Allowance so that I won't ever make a claim on his salary.''

He'd then be able to claim yours. The one who gets CB is the one who can claim maintenance from the other parent.

Don't, whatever you do, give him CB. He's on twice your salary, he'd also get CB, CTC and then maintenance from you. He'd be raking the money in and you'd be financially much worse off.

Have you thought about going to the CSA?

if your divorce isnt finalised I would get a solicitor as quick as possible and dispute the 50 50 - did he do 50 50 before the split, or is it just a ploy to avoid ever having to pay maintanance. What is happening to the equity of the home? Have you just gone along with his suggestions to avoid trouble or has there been some mediation/legal advice given?

yes the person who holds the CB is considered the primary parent and it can be difficult to get back once it's signed over and it will make it difficult to access other benefits without it. Don;t give it up to him.

I don't want to claim on his salary - I think if we have 50/50 care that's ok, and he is very aggressive and I don't want to get into a fight with him.

I will discuss it with a solicitor.

Thanks. xxx

No, OP, just because he owns the house DOESN'T mean he's the resident parent. It's nothing to do with who owns the house, really.

You REALLY need legal help with this. Please, please go and sort it out.

He is buying me out of the home. He is in a massive house with all the children's animals and all their stuff. I am living in a very small flat. He has been a good dad and I guess 50/50 is fair?

No, that doesn't sound fair. Do you both work full-time? And if you are living in a small flat do you have room to house the children if they are with you 50-50?

I work full-time, he works part-time.

No no no no no no no no

NO

Who is you lawyer? Speak to them ASAP.

And, NO

I'm happy for him to have 50/50. Surely it is fair? I have discussed this with the lawyer. The children seem to want this arrangement too and like all the animals. He has more time and money than I ever will and I couldn't buy him out of the house even if I wanted to.