ex wants portion of child benefit

Donought

Hi-

I'm divorced (3 yrs ago) with 2 children (4 and 7yr) and I am the PWC. I have a consent order for £500 p/m which I have voluntarily reduced to £430 as he's just had a new baby. Now he suddenly wants a portion of the child benefit (80 days worth) as his financial position has changed. He hasn't directly linked the two but has separately stated he wants to pay less maintenance because of 2 mortgages (his and his partner's not mine but my daughter has just told me he's sold his other house so who knows...sadly I believe her over him) etc. and then suddenly wants some child benefit.

Anyone know the legal standpoint of this? We've never been to court and just agreed things privately. Money has always been an issue, he wants to pay less and less and never pays for extras such as passports, vaccines etc.

Cheers,

D

Loopy_Girl

Do the children stay a proportion of the week with him (maybe at the weekend say)? If so then I think that may be where he is getting the idea from...if he has the girls 2 nights out of 7 then he should get 2/7ths of the CB.

In answer to your question then legally, he has no right to claim any of the CB as you are the PWC and so (as per their rules) are entitled to claim.

Whether you choose to give him any would be your decision.

kelloggs36

you can't split child benefit - he already has a reduction in his maintenance so I would remind him of that!

lawli56

I just checked the Child benefit site and says quite cleearly there that only one person can claim benefit and if the person they live with does, you're stuffed.

So basically since they live with you most of the time and you claim, he can't.

As already said, remind him he's already paying less maintainance. If he wants to contest the amount then he'll have to do so through official channels and not emotionally blackmail you. He chose to have more children and your children should not suffer financially because of that.

siren13577

Donought wrote: »

Hi-

I'm divorced (3 yrs ago) with 2 children (4 and 7yr) and I am the PWC. I have a consent order for £500 p/m which I have voluntarily reduced to £430 as he's just had a new baby. Now he suddenly wants a portion of the child benefit (80 days worth) as his financial position has changed. He hasn't directly linked the two but has separately stated he wants to pay less maintenance because of 2 mortgages (his and his partner's not mine but my daughter has just told me he's sold his other house so who knows...sadly I believe her over him) etc. and then suddenly wants some child benefit.]

Anyone know the legal standpoint of this? We've never been to court and just agreed things privately. Money has always been an issue, he wants to pay less and less and never pays for extras such as passports, vaccines etc.

Cheers,

D

The CB you should get is £132.80 for a four week period, this works out as £33.20 then divided by 7 days that works out as around £4.75 a day so two days would only work out as £9.50 a week, which for the eighty days is £380.

What is the eighty days? Is it how long since his baby was born? To be honest surely it's up to him if his circumstances change to get any benefits paid to him and his new partner. Don't forget that his new partner will and should be claiming CB for her child which should cushion the blow somewhat and if he's eligible the CTC will be more for the first year of the baby's life.

I wouldn't think that £9.50 a week would make much difference to his circumstances so you could offer him the monthly reduction on his maintenance which is £38 (which I know is a lot for a mum with two children) or you could point out how little it is, try to help see that he has the right benefits coming in, find out about his house sale, assuming no negative equity and adjust stuff accordingly, I know there is mediation available for people in your situation.

Legally, as it has been pointed out, only one person can claim CB so you don't have to do anything, especially as you as PWC have to pay for things like school trips etc.
Just be fair and honest with him and chances are he'll come round. Hopefully,
I hope this helps

Blonde_Bint

He wants a portion of your childrens child benefit:eek: what a crock a sh_t. when the csa are working out CM I dont think they take off 'a little bit' to include what you recieve in your child benefit. He's pulling a fast one. Anything you are entitled to for your childrens benefit has nothing to do with him. I dont think your monthly wages comes into it either for that matter.

the simple fact of the matter is he pays a percentage of his wages for the benefit of his childrens upbringing and thats it.:)

very good of you to understand about him and his new child. My DH has a child from a previous relationship and we have one as well, we have 2 children to pay for, I wont be having another child because that would be 3 children to pay for and I dont want to stretch our finances that far. I certainly would not expect our PWC to foot the bill for my extra child (i'm an NRPP) by taking a drop in what we pay her each month.

(apologies for the mini explosion in paragraph 1:o)

Blonde_Bint

Yes, he'll be getting child benefit for this child anyway and claiming whatever he is entitled to the child also. dont forget this. He went on to have another child knowing that he already had children he should have done his maths FIRST :mad:

dimbo61

You have reduced what he pays you by £70 a month and thats £840 a year and he does not pay for any extras when he has the girls.
Just say no the Child benefit is for the girls uniform, school trips, spends etc
The Csa is to put a roof over there heads and gas,elec,water,council tax etc
Ask him how much he sold the house for and see him go quite !

maggied_2

Your ex has no right to the child benefit unless you wish to give him a portion of it.

Under CSA2 he is allowed to reduce maintenance if he has more children (not sure how this works if under CSA1).

If he pays maintenance then this is supposed to cover 'extras' unless you've come to a private agreement about them.

Viper_7

Personally I think this is wrong, in that Child Benefit and even Child maintenance goes to the parent with care, there is nothing to stop that parents spending it on holidays (and please don't say it's for the sake of the child, as well all know it's not) and the like.
What happens when the child goes to further education? A Child within a marriage the parents usually set money aside, in this case the main carer very seldom saves any of it, and then guess what happens - yes the child leavered by the main carer then looks to sue the NRP for even more cash stating they have a responsibility to fund their further education!


So no, the NRP cannot make any claim for Child Benefit, but I think a portion of it should be saved for future education costs etc

Loopy_Girl

Viper_7 wrote: »

A Child within a marriage the parents usually set money aside, in this case the main carer very seldom saves any of it, and then guess what happens - yes the child leavered by the main carer then looks to sue the NRP for even more cash stating they have a responsibility to fund their further education!


So no, the NRP cannot make any claim for Child Benefit, but I think a portion of it should be saved for future education costs etc

Oooh sweeping statements left right and centre there eh? If by 'further education', you mean college then the PWC will get still the CTC and CB so should be able to still support the child.
If you mean Uni, then a child can't get CS from an NRP.

Of course the more logical amongst us would realise that if there are 2 wages in a household then it's easier to save than just having the one. You are of course, stupidly, assuming that EVERY single also gets CS.

And how much out of £20pw would you like 'put aside' for education.

Yet another do-gooder that has no idea what it's like to be a lone parent and wanders over here trying to tell people how THEIR, yes THEIR, money should be spent:rolleyes: