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Step-parenting

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Child Benefit Counter Claim

22 replies

SpaceMumma · 01/11/2019 16:22

Hi All :)

I'm looking for some Advice for my partner, please stick with me, I'm trying to paint the whole picture 😂

We live together and I have 2 Boys of my own, aged 6 and 19 Months, he has an 8 year old Boy and 7 Year Old Boy/Girl Twins. Throughout our relationship, he has had the majority care for his children and it's now a 50/50 split (we have them Weds - Sunday Morning) before we moved in together, he used to have his kids older brother, aged 12 at the time, when he had his biological children, even though he has good contact with his bio mum and dad, my partners ex wife treated him like a babysitter. As he got older, he wanted more independence and decided he wanted to stay at his mums house rather than with his former step dad but we've always said that the door is open and he's welcome here any time.

The childrens mum works, goes out, goes on holidays, gets help with her share of childcare and claims ALL the child benefit, tax credits, DLA for boy twin, etc and says my partner should be paying her. They were married and she left him for someone else, forcing him out of their shared home, kept all the kids belongings, all their combined belongings, meaning he had to start from scratch. He buys all their clothes, toys, essentials, does the school runs (2 different schools) appointments, social services meetings (they are under a CPO due to her) we moved into a 4 bed house so they would have enough room, bought all their furniture etc and have had not a single penny of support whilst their mum is getting hair extensions, personalised number plates, nights out, tattoos, new cars, days out shopping... we can barely afford to take the kids on family days out! He works full time but changed his job to work from home so he can be there for his kids so he literally has 0 social life, not even being able to talk to colleagues. She changes her job constantly and tries to change the kids Rota which we've put our foot firmly down on now after many, many changes.

At mediation (when we were trying to get her to see the damage her ever changing schedule was doing) he requested to take on one of the childrens child benefit so he would rightly be recognised as a resident parent and also have access to some financial support. He didn't want to take it all as he's a really fair person but she refused this and promised to transfer £20 total a week to my partner to help with his side of child costs. She never paid and really kicked off as soon as mediation ended, saying she does the doctors appointments (obviously she gets the letters as they 'live' there according to child benefit but she withholds appointments from their dad so he has no idea about them despite requesting duplicate letters. She rarely attends appointments though and has been in trouble for this) and she is the one that should get all the support.

Am I wrong to be annoyed? We are a hard working family and do everything and anything for our kids. We struggle for money and are the ones to deal with all the difficulties (my eldest has ASD, His boy twin has delay and ASD and his eldest has been expelled due to his anger - we had to home school him until he got accepted into a specialist school) We've not had even a child free hour between us for months as no family support. Yet his ex literally has all the free time, all the finance and luxuries. We don't want a luxury life, just to be able to provide for our children. I've told him to put a counter claim in for child benefit, but we are concerned it will put her into financial difficulty, we don't want the children to have to struggle at hers too. Does anyone have any advice? It would be really gratefully appreciated!

OP posts:
Sotiredofthislife · 01/11/2019 16:50

Your post is full of irrelevant anger towards your step children’s mother and very little about what might be in the best interests of the children.

If care is genuinely 50/50, then make a counter claim for child benefit and see what happens. It wouldn’t be unreasonable to do so. However, you will have to manage the consequences of that.

SpaceMumma · 01/11/2019 17:01

Irrelevant anger? My post was to paint the picture of the situation as so many people are quick to jump to mothers defences and assume fathers deserve nothing. I was merely highlighting that she does not spend her money on the children, whereas we spend every penny on the children, that she doesn't attend appointments, withholding them from their father who wants to take them to appointments but as he isn't recognised as a resident parent and so on. It's very difficult for a father to be heard.

You say if there care is genuinely 50/50, yet I have stated we have them Wednesdays to Sundays which actually works out as us having them more. Previously he had them 7 days and 5 nights a week until he almost lost his job through having to take so much time off.

I'm annoyed that my partner who is an excellent father is being disrespected and worked to the bone whilst his ex reaps the benefits of a situation she orchestrated and the children miss out on both sides. We can't afford much for them, she can yet only provides for herself.

OP posts:
SpaceMumma · 01/11/2019 17:04

Sorry about grammatical errors, the toddler was climbing on me when writing 😂

OP posts:
Namechangeforthiscancershit · 01/11/2019 17:08

Irrelevant as in not of interest to the child maintenance people as far as I can see. If you have the SC for more than 50% of the time then you need to make a claim for child maintenance.

Namechangeforthiscancershit · 01/11/2019 17:09

I know you asked about Child Benefit btw but presumably maintenance would be worth more?

Gingerkittykat · 01/11/2019 17:10

Does he have a 50/50 court order?

I once helped a woman appeal the decision to award the child benefit to the ex in a 50/50 case. They had decided that since she was on benefits and he was working then he was contributing more to the child so he got the award.

I would keep a note of all the times the kids spend with you, financial outlay, appointments etc and make a counter claim from there if she does not agree to split the child benefit.

Other things to consider is whose address are they registered to for schools, doctors and dentists?

I would also get the custody and contact put in writing officially somewhere if possible to back everything up.

Jon6b · 01/11/2019 17:11

Yes, put in the claim for cb. Clearly the children are spending more time with their father than their mother. Of course this may also have the effect of stopping their child tax credits too. Most couples with shared care and 2 children, claim 1 cb and ctc leaving the other claim with the ex partner, and this seems a very fair way of doing things.

SpaceMumma · 01/11/2019 17:29

Child Maintenance would absolutely be more valuable in terms of finance, but for my partner it's about more than money. It's about being officially recognised as a resident parent (there is no court order) and also having some financial support to help him better support his children. We know his ex is irresponsible with money and our concern is the more that is taken away or the more she has to commit to paying him, the more the kids will lose out when in her care, she rarely provides for them as it is, we don't want to shift our problem to hers because effectively then, nothing improves for them.

They are registered for everything at their mums address as this was their shared family home before the separation. My partner has tried to change to/add our address but we must provide proof they live here in the form of child benefit... which we don't have.

We haven't kept a log but we definitely will now, seems so obvious however, something we have overlooked for sure!

We are concerned that if my partner counter claims, she will refuse to hand the children over on transition days but it may help that they are on the Child Protection plan as SS can step in.

OP posts:
lunar1 · 01/11/2019 17:35

Your husband is the RP in all but name, you have them 4 nights. I'd put in a claim for both children's child benefit, then you can get the appointments yourselves and make sure DSS goes to them.

Sotiredofthislife · 01/11/2019 17:37

My post was to paint the picture of the situation

Well, what you actually did was rant about what a terrible person the ex is and how wonderful you are. Neither of which - true or not - has any bearing on who can claim the Child Benefit.

Just remember that if you currently claim Tax Credit, a change to your claim may trigger a shit to Universal Credit and you’ll only get support for 2 children anyway. As you already have two children, you may well be cutting off your nose to spite your face. Do your benefits homework before doing anything at all. Better some money comes in to support the children, one way or another, surely?

Sotiredofthislife · 01/11/2019 17:39

*shift, not shit. Obviously.

FunOnTheBeach20 · 01/11/2019 17:54

Definitely get some advice. You are entitled to that support, mum is not.

MN’s is full of bitter ex wives who lurk around to berate step mothers and separated fathers, ignore the negativity. You should have posted a reverse. You would have got plenty of support.

TheSecretJeven · 01/11/2019 18:09

He buys all their clothes, toys, essentials, does the school runs (2 different schools) appointments

but she withholds appointments from their dad so he has no idea about them

I'm confused by this - you state that your partner "does the appointments" but further down that he doesn't know about them.

If they're medical (dentist/doctor/optician) or educational appointments, and he has PR, he can register his mobile phone as a contact number so he'll be texted when an appointment is made for them. If its with social care, ensure that their social worker has his number as well.

FunOnTheBeach20 · 01/11/2019 18:13

@Thesecretjeven

Sounds great, but it doesn’t always work like that in practice. There is absolutely a bias towards the mother:

SpaceMumma · 01/11/2019 18:16

I'm not afraid to admit my partner is a wonderful parent because he truly is and if my post makes you feel that way, it's only a representation of the bitter truth. The children deserve so much more and in all honesty, we would probably go for full custody if they did not love their mother so much. We couldn't take that away from them.

I don't claim Tax Credits. I have done my benefits homework but I really appreciate your concern. As stated numerous times, this isn't about getting as much money as possible, this is about improving the current situation and a father who deserves recognition as a RP, getting it :)

OP posts:
SpaceMumma · 01/11/2019 18:21

Sorry, it's in reference to school appointments as the 2 boys go to a specialist school and my partner is involved in all of it due to them recognising him as a RP through the Social Services involvement.

We have SS at our house once a week and constantly emailing due to the Child Protection Plan and they recognise his huge role. They've done everything they can to try and help improve the situation but they say they can't help with certain things and whilst their concerns for the children in their mothers care is strong, it's not enough to remove them although they have written that if that becomes the case, their father is deemed completely suitable to take full custody.

OP posts:
SpaceMumma · 01/11/2019 18:23

As I mother I'd agree that the bias is definitely there. Good fathers deserve more credit and much more support. They shouldn't struggle. I do a lot of work with Mind UK regarding Male mental health and it seems actually in general, men deserve a whole lot more.

OP posts:
Dontdisturbmenow · 01/11/2019 18:47

If it is truly 50/50, then of course he should apply for at least one of the children.

SpaceMumma · 01/11/2019 19:13

just to further clarify - sorry I won't stop thinking about it otherwise

My partner attends all the school appointments as they contact him direct but hospital/doctors/dentist/opticians (Twins were both very premature and both have ongoing health issues) he isn't told about, he only found out about most of them at one of the child protection conferences when they brought up that they'd missed so many doctors appointments.

Thank you for all your comments and advice, I think he will message their mum just as a last ditch attempt to sort something voluntarily and then go for the counter claim. The original reason I posted was hoping someone had been through similar and could offer experience and advice as we don't want to create hardship for their mother, their dad just wants the equal treatment he deserves after being the main/equal caregiver for their whole lives :)

OP posts:
Harpingon · 02/11/2019 12:35

There can only be one resident parent. They either reside with you or their mother, it cannot be shared. To remove her as resident parent you will have to prove that they are registered for school, dentist, doctors etc. at your house, if not then you will need to change that Hth.

PuppyKeep · 10/09/2025 15:30

once helped a woman appeal the decision to award the child benefit to the ex in a 50/50 case. They had decided that since she was on benefits and he was working then he was contributing more to the child so he got the award.

Sorry to resurrect the thread, but I’m confused by this.

My understand is if someone is claiming child benefit and other associated benefits (tax creds), HMRC will be reluctant to remove the child benefit from that person. Correct?

ForgetMeNotRose · 12/09/2025 12:45

Definitely counter claim. He is entitled, she isn't.

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