Child benefit divorce finances

JoyfulPeapod

Hi, my husband and I are separating, he is the sole earner and high rate tax payer, I manage the teenagers (one home Ed) so I can’t and haven’t needed to work in some years! We have a joint mortgage and bank account and we don’t currently collect any benefits, including child benefit (we now realise this has been a mistake 🤦🏼‍♀️). 

We’re considering keeping the status quo in terms of the joint account with everything going in and out for the house (and whenever he moves out to) and then (if possible) transferring out to individual accounts any extra as private fun money (it’s all very amicable and we would of course get a financial order etc once we’re sorted.) 
My question really is, I know I should register for child benefit but do I say that I’m earning above the threshold and not take the payment? Obviously our outgoings will significantly increase with him renting somewhere else but I’m confused as otherwise our finances won’t have changed and I don’t want to get into trouble for claiming if he still counts since he’s still supporting us…? Thanks 

Woodstok2000

You should defjnitely claim the benefit so you get the NI credits, the question is whether to need to pay the high income charge due to the income of your (ex) partner.  Per HMRC:

‘Partner’ means someone you’re not permanently separated from who you’re married to, in a civil partnership with or living with as if you were. 

If you still have joint accounts and are financially linked, HMRC may argue you are not permanently separated...although if you're not living together that points to separation. Might be worth asking HMRC how they'd see it...

sheramber

As OP states “teenagers” no NI credits will be due. 

JoyfulPeapod

It also seems to be the trigger for their NI numbers? They turn 15 next month. 

kimwp

OP, supposedly there is or will be some way of backdating the NI credits if you didn't claim.

sheramber

kimwp said:

OP, supposedly there is or will be some way of backdating the NI credits if you didn't claim.

Not yet. Proposed change to rules in 2926. 

chris_n

sheramber said:

kimwp said:

OP, supposedly there is or will be some way of backdating the NI credits if you didn't claim.

Not yet. Proposed change to rules in 2926. 

That's a long wait!