My ex husband is trying to claim my child benefit

Fran

Viper_7 wrote: »

Fair on who?

Fair that 2 people with care split equally get Child Benefit split.

SuziQ

I'm still not clear-if he has the children 2 nights during the week and overnight at weekends then he must surely have them for the most time and so would be entitled to the CB.Just being the cintact for school and taking them to and fro wouldn't be enough.
If not then I would have thought that the ruling will be in your favour. This is the fallout from divorce I'm afraid-I never got a penny from my husband for 13 years after we split and he has only recently started to give our oldest money to help her through Uni. I have had to struggle away on my own and I suspect you may be in for the same grief from your ex

theartfullodger

Child benefit is obviously for the "Child" / "Children", so as long as the money is spent on the kids it doesn't matter who it goes to, right?? Or is something else going on here...

DX2

theartfullodger wrote: »

Child benefit is obviously for the "Child" / "Children", so as long as the money is spent on the kids it doesn't matter who it goes to, right?? Or is something else going on here...

Whoever gets the child benefit, can claim all the other related benefits that children bring in.
Child tax credits/working tax credits.

kelloggs36

You need to gather evidence - as much as you can of the overnight stays that the children spend with you. Send it to the child benefit office. You will also have the right of appeal if you lose - and you will see whatever statements he has made - you may then need to get other evidence of the overnight stays. This happened to me a long time ago - my ex and his new wife tried to claim the child benefit for my daughter even though she stayed with me for 4 nights per week. They lied verbally as the child benefit people told me that she had told them that my daughter stayed 4 nights with them. I refuted this as it was not true, and was asked if I could prove it. Difficult, as I asked how I could prove that a child slept over on any given night. She asked me if an upstanding member of the community could vouch for it and I replied that I didn't have an MP standing over my daughter whilst she slept!!!!! Get a diary - encourage your children to write a diary as to where they were, what they did when they were with you.

bestpud

kelloggs36 wrote: »

You need to gather evidence - as much as you can of the overnight stays that the children spend with you. Send it to the child benefit office. You will also have the right of appeal if you lose - and you will see whatever statements he has made - you may then need to get other evidence of the overnight stays. This happened to me a long time ago - my ex and his new wife tried to claim the child benefit for my daughter even though she stayed with me for 4 nights per week. They lied verbally as the child benefit people told me that she had told them that my daughter stayed 4 nights with them. I refuted this as it was not true, and was asked if I could prove it. Difficult, as I asked how I could prove that a child slept over on any given night. She asked me if an upstanding member of the community could vouch for it and I replied that I didn't have an MP standing over my daughter whilst she slept!!!!! Get a diary - encourage your children to write a diary as to where they were, what they did when they were with you.

But the children are with their dad four nights a week, according to the OP...

OP, why does he have them midweek? Is it because you work and, if so, can you change that?

Seems daft that you'd lose the BC when they can't be doing much more than sleep and eat breakfast at their dads for those two nights!

real1314

What's daft is the "all or nothing" nature of CSA maintenance decisions. If the OP has the kids 3 nights and the Ex has them 4, the Ex will become the PWC and can claim via CSA from OP.
The EX could be earning £1k a week whilst the OP earns £150 a week, but the OP would still have to pay up.

Madness

Tigerlilley1980

My DD sees her Dad on a Sunday and a couple of afternoons a week and I get the child benefit. I really don't think he's entitled to claim it as they are living with you and you are the majority care giver. If they lived with him and visited you a few times a week then he would be allowed it, but they don't. I would ring up the child benefit people and explain this to them. Also, if you used to get the CB will they not contact you to make sure this is correct? x

Bamber19

bestpud wrote: »

But the children are with their dad four nights a week, according to the OP...

but they're not, I can't believe the number of people on this thread who can't comprehend what the OP is saying.

The kids stay overnight with their Dad 2 nights a week, at the weekend.

They sleep at their mothers house the other 5 but spend some time with their Dad 2 evenings during the week.

Caz3121

Triaz wrote: »

They leave the house at 8pm for the 2 nights during the week.

I think this is the bit that needs clarified - do they leave their fathers house to return to the mothers @ 8pm or do they leave mothers to go to fathers....