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Is it possible to check child benefit claim?

My ex has denied contact with my child for years (in contravention of court hearings which I eventually couldn't continue to keep reviving) but I have paid religiously - it's all about money and power to her. My child is now 18, but I know that I will be forced to pay maintenance until she is 20 as my ex will fraudulently claim child benefit. Is there any mechanism for checks to be made to establish a fraudulent claim is in the system? If the claim is then terminated is there any way I can prove this? It seems that I have no rights in any of this, let alone the right to see my child :(
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Comments

  • What evidence do you have that your ex is fraudulently claiming child benefit and now that your child is 18 do you have better, more regular contact with her. She should be quite easy to find on social media websites.
    Overactively underachieving for almost half a century
  • You can ring and ask CSA or CMS to check that Child Benefit is still payable. You could ask again after several months and continue to do so every few months. They will have no interest at all in whether she is claiming fraudulently they only need to know if Child Benefit is still being paid or not.

    If you have no contact with your ex it is impossible for you to know if her benefit claim is fraudulent and even if you believed that to be the case it is unlikely that anyone would take notice of your allegations because you are her ex partner. For your sake it's honestly best to stop focusing on that aspect. The end is in sight for you and soon you will be free from the worry of dealing with CSA or CMS. It's time to let go of your anger and frustration with your ex. I understand your exasperation, but your child is now almost an adult now and in time will make his or her own decisions about making contact with you.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    winniethep wrote: »
    My ex has denied contact with my child for years (in contravention of court hearings which I eventually couldn't continue to keep reviving) - Do you mean a child arrangement order. If so, then you actually need to keep going back, eventually he/she will be found in contempt of court. but I have paid religiously - it's all about money and power to her. My child is now 18 - well no point going back now, but still good advice for others. , but I know that I will be forced to pay maintenance until she is 20 as my ex will fraudulently claim child benefit - what do you mean fraudulently? . Is there any mechanism for checks to be made to establish a fraudulent claim is in the system? If the claim is then terminated is there any way I can prove this? It seems that I have no rights in any of this, let alone the right to see my child :(



    Depends on why you think it's fraudulent?


    Does your child not live with her?
  • She's made it clear that regardless of the situation, she intends to pursue me for maximum cash until my child is 20. She has made no secret of it - she boasts that she is doing it purely for revenge. (I refused to start again after her umpteenth affair). I am doing my utmost to grit my teeth and bear it, and for as long as my child benefits from the maintenance I can handle that. However I suspect that the situation is already that my child is no longer living with her (complicated as to how I know, and in respect of future contact with my child I have a handle on that). My record with the CSA/CMS is impeccable as I believe in supporting my daughter, but their treatment of me has been appalling. They have failed to notify me of claims and circumstances they were obliged to let me know of, and this resulted in enforcement action against me. They eventually acknowledged they are wholly at fault but refuse to allow me to 'voluntarily' pay as I always have and always would, therefore I remain penalised for their failures. This is why I think there's little point in asking them to check if child benefit is still payable as I don't believe they do anything unless its to extract more money from absent, willing parents. The absent, unwilling ones are just too difficult for them it seems :(
  • Mojisola
    Mojisola Posts: 35,564 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    winniethep wrote: »
    However I suspect that the situation is already that my child is no longer living with her (complicated as to how I know, and in respect of future contact with my child I have a handle on that).

    If you are certain that your ex is no longer entitled to claim CB, you could report her for fraud. If she's not entitled to claim, she's stealing from the taxpayer as well as you.
  • I'm not certain, and I have no way of being certain. I wouldn't be at all surprised if she continues to claim when not entitled purely so she can keep claiming through CMS. However, she may equally decide not to claim child benefit, but she wouldn't notify CMS of this as she knows there will be no comeback on her and I will have to keep paying her. That's why I wanted to know if there was any way of checking whether she's claiming other than by asking CMS to do it. I can't really see why child benefit eligibility status should be confidential, but it seems that it must be?
  • winniethep wrote: »
    She's made it clear that regardless of the situation, she intends to pursue me for maximum cash until my child is 20. She has made no secret of it - she boasts that she is doing it purely for revenge. (I refused to start again after her umpteenth affair). I am doing my utmost to grit my teeth and bear it, and for as long as my child benefits from the maintenance I can handle that. However I suspect that the situation is already that my child is no longer living with her (complicated as to how I know, and in respect of future contact with my child I have a handle on that). My record with the CSA/CMS is impeccable as I believe in supporting my daughter, but their treatment of me has been appalling. They have failed to notify me of claims and circumstances they were obliged to let me know of, and this resulted in enforcement action against me. They eventually acknowledged they are wholly at fault but refuse to allow me to 'voluntarily' pay as I always have and always would, therefore I remain penalised for their failures. This is why I think there's little point in asking them to check if child benefit is still payable as I don't believe they do anything unless its to extract more money from absent, willing parents. The absent, unwilling ones are just too difficult for them it seems :(

    I feel for you, I understand what it's like to live under the shadow of CSA incompetence. As you say it can take months to challenge an incorrect decision and you live with the constant fear of what next. Unfortunately there are many injustices on both sides. There is a great sense of freedom when your involvement with CSA / CMEC comes to an end and you are now close to that point. Your ex is losing her power over you and hopefully in the future your child will be free to make his or her own decisions about contact with you.

    I think it is important that you keep checking with CMEC about the child benefit because if you have questioned it and they continue to take payments they will have to refund your payments if it later becomes clear that your liability for child support should have ceased. Rather than just asking them to check to see if Child Benefit is still payable, tell them that you have reason to believe that the child is no longer eligible for child benefit and ask them to please check.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    winniethep wrote: »
    She's made it clear that regardless of the situation, she intends to pursue me for maximum cash until my child is 20. She has made no secret of it - she boasts that she is doing it purely for revenge. (I refused to start again after her umpteenth affair). I am doing my utmost to grit my teeth and bear it, and for as long as my child benefits from the maintenance I can handle that. However I suspect that the situation is already that my child is no longer living with her (complicated as to how I know, and in respect of future contact with my child I have a handle on that). My record with the CSA/CMS is impeccable as I believe in supporting my daughter, but their treatment of me has been appalling. They have failed to notify me of claims and circumstances they were obliged to let me know of, and this resulted in enforcement action against me. They eventually acknowledged they are wholly at fault but refuse to allow me to 'voluntarily' pay as I always have and always would, therefore I remain penalised for their failures. This is why I think there's little point in asking them to check if child benefit is still payable as I don't believe they do anything unless its to extract more money from absent, willing parents. The absent, unwilling ones are just too difficult for them it seems :(



    That isn't the question - in what way do you think she will fraudulently claim CB?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    winniethep wrote: »
    I'm not certain, and I have no way of being certain. I wouldn't be at all surprised if she continues to claim when not entitled purely so she can keep claiming through CMS. However, she may equally decide not to claim child benefit, but she wouldn't notify CMS of this as she knows there will be no comeback on her and I will have to keep paying her. That's why I wanted to know if there was any way of checking whether she's claiming other than by asking CMS to do it. I can't really see why child benefit eligibility status should be confidential, but it seems that it must be?

    What do you mean no comeback on her?


    You can take her to court for overpayments.
  • Ask CSA/CMS for a CoC review as child is no longer in FT non advanced education and no longer living with PWC.
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