Child benefit and ex dh

[Doubtfuldaphne]

Me and dh are separating. Finally, I feel so relieved now it’s happening but also worried about how difficult he will make it for me.
I claim the child benefit so need this plus UC to go to me and our dd so that we can move and have a happier new life. She wants to get away from him as much as I do. She is 13. She doesn’t mind having contact just not all the time so will probably end up 60/40 I’m hoping.
I know ex dh will try to contest the child benefit claim, as he is not going to cope financially when he realises his tiny wage won’t stretch to even a 1 bedroom flat.
What is the likelihood of him winning this as he always did the school runs and I earned more (yet did more at home and did all the care for dd) He works in the evenings and I would always be there for dd. There is also the evidence I have of how he’s treated dd and her asking when we can move away. Yet I’ve heard cafcass don’t take things like this into consideration very well. We plan on moving near to the school so dd can walk.
I just don’t know where to begin. If he doesn’t agree to 60/40 contact I will have to take it to a mediator. I feel like this is about to become a real mess and need to make sure he doesn’t get away with winning as main carer as I do everything and all he really does is the school runs!

If residency is with you then you get child benefit. At 13 her wishes for where she spends time will be taken into account. You may have a claim on him for child maintenance if it's other than a 50:50 split.
The division of assets is where he might be able to claim from you if you are the higher earner. But your daughter's needs may increase your percentage if she lives with you.

If he goes to court over residency I believe your daughter is entitled to her own legal representation and legal aid.

So with regards to the child benefit, if you can’t agree between you then you both apply and HMRC decide who gets it- their decision is final and cannot be appealed, so it’s really important to give all the info the first time. The rules they look at when deciding are complicated and I’d really recommend seeking legal advice on that, they look at multiple factors including main residence, who buys what for the child, both applicants situation etc.

Do you have property/pension/assets? As it’s worth remembering that although the starting point is 50/50, it is also needs based, to make sure you are both okay after divorce so if he can he could argue he needs a bigger % and if he can evidence that then it could be granted.

Also re. CAFCASS, although there is no strict rule on age it is typically said that from
age 12 ish onwards they place more weight on a child’s wishes so what your child thinks will be considered x

That’s good news about dd’s wishes being considered. Not so good about the child benefit claim but hopefully as I can prove I pay for everything she needs and provide the main care and as we’re moving away together, I will get to keep it being in my name.