ExH still claiming child benefit after eldest moved in full time

[Ncforthis2267]

So I have 2 school age children with my ex. Seperated 8 years now.

We've been 5050 since day 1, which has mostly worked fine. We agreed no maintenance, but as I earned twice as much as him he would claim the child benefit. In return we based our 5050 schedule to suit my work pattern better.

Since November my 13yo has moved in with me full time and no longer sees her dad due to issues with his partner. Ex still claims the child benefit for her. Should I claim it now instead? While I don't need it, it would come in handy as I'm doing all the feeding and driving now for our eldest.

My worry is I'll open a can of worms with maintenance. As in he will put in a cms claim on our youngest, as I now earn significantly more than him, as revenge. Obviously I could then put a cms claim in for our eldest but I would get very little from him (lives mostly on benefits).

I've worked the sums, and if I claim the child benefit, and he claims cms, and I counter claim I'll actually end up paying him more money than I'm receiving extra by claiming CB in the first place 🤦‍♂️

Is it fraudulent for him to continue claiming CB? Should I just leave it?

Is the youngest still 50/50 as I believe you can’t claim maintenance if the child is 50/50

CMS is there to support the person who earns less - so yes he should be claiming it from you
Child benefit is there to support the child so yes you should be claiming it

if you end up worse off then so be it

I would try just having an open conversation with him and see what he says 🤷🤷

Yes, still 5050. I believe cms is still applicable where there is a large income disparity.

I've worked the sums, and if I claim the child benefit, and he claims cms, and I counter claim I'll actually end up paying him more money than I'm receiving extra by claiming CB in the first place

Then so be it.

If you're worried he's committing fraud, that should have nothing to do with whether you pay the amount you should for your DC.

But I agree with the PP who said you should just talk to him about it.

I would like to, but he is an extremely difficult person to have a conversation with. Even benign everyday things like arranging a dentist appointment earn me a torrent of abuse.

I would just leave it as you are financially better off with the current set up.

Provided your 50/50 is documented and he isn't doing all the appointments etc. Income is irrelevant in a true 50/50. It is fraud for him to claim CB for a child he doesn’t even see. You are resident parent, put in a claim.

I mean if you earn significantly more is the pay of worth the effort.

its a fraud and he will be found out eventually so you could leave it and let it sort itself out. It seems counterintuitive to me for not very much money

I'd leave it but tell him he should contribute to eldest child's clothing from child support. Would he agree to eldest DC having money as an allowance for clothes?

So then leave it. Not worth the headache for £26 a week. From someone who is broke and on benefits and doing 50/50.

Would you be able to receive the child benefit or would you be over the threshold?

If the income disparity is big enough for maintenance to be due you won't be able to keep any CB anyway.

I'd let this lie tbh OP - there have been a couple of threads recently about 50/50, CB, & CM and they never seem to end well. You could do a rival CB claim for the child now living with you, but it would probably result in endless stress & legal stuff/tribunals etc. You'd be opening a big can of worms.