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I have residency order but is ex USING son to claim benefits

I have had a residency order of my 7 year old son for the last 5 years. Contact with mum was very limited over the years but has since increased to viturtually shared care in a verbal agreement for the best interest of my son.
We have my son 4 days a week and 3 nights and mum has him 3 days a week and 4 nights.
My son's school, doctors, passport etc is all registered at my address, however, mum is now claiming child benefits as she made a counter claim AFTER contact had increased to 50/50 (even though I was in receipt of it for the 5 years previous) and was granted it, How is this possible when i have the residence order and have done for 5 years? She has also just moved into a new house which I beleive she has secured purely as shes claiming my son lives full time with her.

Can someone please advise is this possible or is she committing benefit fraud?
I feel she does not have my sons best interests at heart and is purely using him as a financial gain.

Comments

  • sheramber
    sheramber Posts: 24,605 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Did you contest Child Benefit stopping the benefit to you and giving it to her?
  • Yes I contested it and somehow they still awarded it to her. I'm still in receipt of child tax credits. This is why I'm really confused.
    How can she claim the benefit and get a new house etc when I'm the resident parent with residency order and everything else is all in my name for my son??
  • Exclusions and priorities: More than one person entitled to Child Benefit.

    Read this:-

    http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm08030.htm

    and this:-

    http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM08050.htm

    Sounds like she made a rival claim for child benefit and they made a decision to award it to your ex.

    You now need to make a rival claim with as much supporting evidence as possible.
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • Did child benefit not write to you at all to explain how they made their decision?
  • The other parent has him 4 nights and you have him for 3 nights that's the problem.

    She also might pursue you for child support now.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    The other parent has him 4 nights and you have him for 3 nights that's the problem.

    She also might pursue you for child support now.

    What is in the best interests of the child? Can't just be about money.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
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