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Relationships

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Divorce clean break clause

4 replies

trying2befree · 16/05/2018 00:48

Hi all I have just joined and would really appreciate some advice.
I was divorced end of last year and included in the financial order was a clean break clause for conditional income and capital.
Am I right in thinking that neither the ex nor I can claim any monies, etc against each other because of this clause? The ex is asking for half child benefit payment which I use for after school child care which started when our youngest started school and school bus travel costs for our other DS.
The payment was declared as part of my income on the financial order but want to be sure of where I stand with the ex's demands.
It just seems one battle after another with him can't see it ever ending at the moment x

OP posts:
NotSureThisIsWhatIWant · 16/05/2018 00:54

If the kids spend more nights a week with you than at their dad, you get the CB, tax credits, etc.

He has the free time and less responsibilities that enable him to increase his income, If he wants too.

MrsBertBibby · 16/05/2018 07:26

If he thinks he should have the child benefit, he needs to apply to HMRC to transfer it. Unless he has the children more than you, he will fail.

Not sure what "conditional" means in your description of your order, but a clean break means he can't get money from you, other than via CMS. Does he pay child maintenance?

hellsbellsmelons · 16/05/2018 12:45

Is it a 50:50 split for the DC?
Does he pay half towards all other costs of the DC?
I very much doubt either of those things is the case, so no, he doesn't get half of the CB.
Tell him in no uncertain terms to fuck off!
CF that he is.

MarieG10 · 16/05/2018 13:26

The clean break clause is intended to stop further financial claims against each other outside of any provision made within the consent order. What was the provision for conditional income and capital? Is it when one persons earning reach a certain level that maintenance become payable.

The child benefit will not be part of it as payment is determined under DWP rules for who has the majority parenting.

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