Do I have to pay half the child benefit tax bill?

[Belfastbird]

Hi I'm hoping someone may be able to help.
I am about to leave my emotionally (& possibly financially) abusive marriage.
When my husband tipped over the £50k child benefit threshold a few years ago he insisted that I pay half despite earning less. I did pay ( had to borrow) and did this for several years but am planning not to pay this year.
For context

1. The benefit goes into a "joint" bills account that is actually in his name. We have separate accounts & both put an additional amount into each month.
2. This is rarely enough to cover food so I usually fund that myself
3. He spends most of his time at another house (Inc weekends) for work
4. We pay 59% each on all bills & always have done Inc when on mat leave but he only contributed £250 a month towards childcare (full timex2)

Am I within my rights not to pay half of this anymore? Does anyone know of organisations that may be able to advise me Thanks

Hi Op, to clarify, you have continued to claim and spend the full amount of the Child Benefit and then your husband has to pay it back through his tax return?

Get it put into your account when you leave and there won't be a bill

Yes that's right. His argument is because I have also benefited from it I should pay half.
I also pay for all school and activity related costs

It is charged on him and you have no liability for it.

Agree with a PP about ensuring the CB is claimed in your name, and paid to your account, once you separate.

All this crap about you paying 'your share' will be put right by a decent divorce lawyer. Please ask around for the feistiest one in the area or get in touch with Woman's Aid for recommendations and support. Anyone that unwilling to treat you fairly within the relationship will not play fair at the end of it.

You're right, OP. He is financially abusive.

Thank you all. I have been in touch with WA (although not about this) & will go back to them re this.
On the case re legal advice before I tell him it's over

Can’t you just stop claiming it?

This is bad advice

No, keep claiming it, make sure it's in your name, get it going into your bank account and after you leave he will have to pay the additional tax. Not your problem. Let him deal with it. You have enough to do.

Keep claiming but get it put into your own account as soon as possible. Any repayment is his responsibility.

Agreed. Don't stop claiming CB. Get it paid into an account in your sole name. It's your money, not his.

Firstly I hope your claiming the child benefit in YOUR name. If not sort this immediately- it can affect your state pension payments in the future (see Martin Lewis child benefit advice for further info)
Secondly any 'payback' because of your DH high earnings is HIS responsibility not yours. Whilst people may argue that you've benefited from the payments, he has financially abused you during your marriage and so it's time look after yourself!

During a divorce a few years ago it came to light that my DH was earning a much higher wage than I thought and subsequently got a bill from HMRC. He tried to get me to go halves but HMRC told me I was totally not liable

Legally, no. It's entirely the higher earner's responsibility to repay.

Not if they're separated, he won't have to pay it back then, unless he is the claimant

It's his debt not yours. Don't pay.

WTF? NO. Do not pay any of his tax for him.

Fair would be you both paying the same percentage of your incomings into the joint account, not splitting whole amounts down the middle. How was that ever sustainable in mat leave? He can't be very bright.

I find these mean, penny pinching little men so revolting.

I hope you escape very soon & all the best in your new start.

You claim CB and he should had returned it on his taxes. That is the way should work in the past. Now you claim CB as you don't pass the threshold you will be returning 0 pennies, nor he, because you won't be together.

Apply for CMS, he will need to pay a 12% of his gross salary after pension contribution or a 16% if you got two kids. That will be their allowance as minimum. You can negotiate a higher one, although I think your ex is going to play tricks because I don't understand why he may you paying nothing before.

He is being playing you around.

You have no liability to, no.

I claim CB and dh pays the tax fully himself. He's the one who earns over the threshold. The CB comes to me into my personal account. We both pay into a joint account for joint expenses. Ultimately, we both see it as not fair me being penalised on my personal finances because he is a higher earner. I keep the CB because I earn less and he pays the tax because he earns more.

Also, OP, it’s tapered off, so I hope he didn’t charge you half what you received when he went over £50k as it’s only over £60k that the full amount is claimed via tax