My ex husband is trying to claim my child benefit

Triaz

I was wondering if anyone could help me...To cut a very long story short my ex husband has now decided to put in a claim for child benefit.

quidsinquentin

I thought the CB only went to the parent/carer with the 'majority' responsibility for the kids?

The only thing I've ever heard of was a case where two parents split the care exactly, so each got half.

Viper_7

Every weekend and two evenings a week?
That's 4 days - so essentially he is the parent with care so yes would be elligle for the benefits - and maintenance from you?!

Do these stays include nights - this is the crux here.

Child benefit goes to the parent with care, it's very very rare it's exactly, and the child is predominantly with one parent or the other as it causes less disruption.

The maintenance is reduced in line with the nights the child is in his care.

This seems a little messed up if the child is with him more from what you are saying.

Caz3121

child maintenance works on 'overnights' so he may be arguing that as he has them 4 nights per week and you have 3 then he may be arguing that he s the main carer. If it is more or less 50/50 care and there is more than 1 child you could agree that you claim CM for a child each (then both getting tax credits etc) - he would then be assessed as as paying maintenance for the 1 child you have and you assessed as paying him maintenance for the other.
It is unfortunate that there is no proper system for 50/50 care as 1 party (the one with the child benefit) currently gets all the government assistance in the way of benefits (tax credits etc) and the other gets a maintenance bill and no help but probably has very similar childcare expenses

quidsinquentin

I'd read the OP as 'two evenings', not two overnights. Which means the OP has them 5 'nights' a week. Weekends might be Fri/Sat/Sun or Fri/Sat or Sat/Sun.

Which is it?

kingfisherblue

My ex does have them every weekend and 2 evenings a week but he brings them back to me so I take them to school every day and collect them from school.

I read this as meaning that the children sleep in the same house as their mother for five nights a week. Evenings implies before bedtime, as nights would be overnight. Therefore the mother should be receiving CB and the father could not claim it.

On the other hand, I may have misunderstood......

Fran

How many children have you got?

If it's a "convenient" 2 why not let him claim Child Benefit for one and you the other, after all he does care for them every weekend which leaves you free to work/have leisure time without any childcare or other child expenses. Also he transports them to you.

I would strongly recommend you try to come to an agreement with him over this as going to the courts is stressful for all concerned and you might find the result not what you wanted, eg. they could award two Residency Orders so that you both have care and at the same time he could bring up Child Benefit and get it anyway. Also it can take months to go through the courts. Or they could give him a residency order and not you.

Another thing that takes months is sorting out a duplicate claim for Child Benefit, meantime no-one has this money and other things like Child Tax Credits or Housing Benefit/Council Tax Benefit you might be claiming will be affected and you could end up with overpayments.

I'm trying to show you worse case scenarios simply because they are a possibility when it comes to courts etc.

The other parent who is not recognised as "parent with care" gets such a bad deal when it comes to Child Benefit, try to think how you would feel if it was the other way round.

As you clearly have ongoing contact with your ex every week it would be far better if you could come to an amicable agreement by sharing Child Benefits whether or not you are more entitled in the current flawed system. He really does have expenses when looking after the children and you really do save money on babysitters and childcare when he has them. It would save months of anguish and you can both get on with your lives.

Fran

quidsinquentin wrote: »

IThe only thing I've ever heard of was a case where two parents split the care exactly, so each got half.

Really? Do you know who this was, I have never heard of it happening, though it would be much fairer.

Triaz

Thanks for all your replies.

DX2

The main carer is whoever has the children the most overnight, staying at a house sleeping there.

Viper_7

Fran wrote: »

Really? Do you know who this was, I have never heard of it happening, though it would be much fairer.

Fair on who?

Whilst I agree it seems fairer, as the NRP - and yes a bitter one I admit and good reason to be, but lets not go there) I do agree it is best if the children involved have a main residence and not being passed back and forth all the time like possessions.

I actually gave up some of my access to my daughter (well her access to me) because it was just messing everyone about.
Every weekend like the op and the odd night mid week. Poor kid didn't know if she was coming or going.
so now it's every other weekend for 3 nights and several full weeks during school holidays. Over the year the number of nights remains the same.

If you are not receiving regular maintenance though - then go to the CSA, but as a last resort as they can be a pain in the !!!.

I too think mediation is pointless. Often things are said in there, and then the opposite done when there is no third party involved; but to flatly deny it, doesn't come across well if it goes back to court.

From what you have described I can't see him getting any of the Childrens benefit payments - and getting himself into trouble by not keeping up with the maintenance payments.