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  • FIRST POST
    • Yimkin
    • By Yimkin 16th Nov 19, 8:04 PM
    • 6Posts
    • 0Thanks
    Yimkin
    Child benefit question - separated and high earner
    • #1
    • 16th Nov 19, 8:04 PM
    Child benefit question - separated and high earner 16th Nov 19 at 8:04 PM
    Hi all,

    Almost certainly a dumb question, but I canít find a definitive answer anywhere.

    My partner and I separated just before my daughterís first birthday. She is now 8. In the intervening period (about 2 years later) I moved into the 40% tax bracket, and now earn £67k per annum.

    My ex and I reached a mutual arrangement on child support, whereby I pay what the government self assessment website suggests, plus an extra £100 per month.

    My ex is a low earner, and receives child benefit. I now live with my fianc!, who has a 21 year old daughter (so obviously no child benefit). As we are separated, do the rules concerning one parent earning more than £50k apply? I assume not, but just wanted to double check.

    Many thanks
Page 1
    • jefaz07
    • By jefaz07 16th Nov 19, 8:11 PM
    • 73 Posts
    • 35 Thanks
    jefaz07
    • #2
    • 16th Nov 19, 8:11 PM
    • #2
    • 16th Nov 19, 8:11 PM
    Hi all,

    Almost certainly a dumb question, but I canít find a definitive answer anywhere.

    My partner and I separated just before my daughterís first birthday. She is now 8. In the intervening period (about 2 years later) I moved into the 40% tax bracket, and now earn £67k per annum.

    My ex and I reached a mutual arrangement on child support, whereby I pay what the government self assessment website suggests, plus an extra £100 per month.

    My ex is a low earner, and receives child benefit. I now live with my fianc!, who has a 21 year old daughter (so obviously no child benefit). As we are separated, do the rules concerning one parent earning more than £50k apply? I assume not, but just wanted to double check.

    Many thanks
    Originally posted by Yimkin

    No they do not. I earn over 50k and partner still claims.
    Only if you live together.
    • Yimkin
    • By Yimkin 16th Nov 19, 8:24 PM
    • 6 Posts
    • 0 Thanks
    Yimkin
    • #3
    • 16th Nov 19, 8:24 PM
    • #3
    • 16th Nov 19, 8:24 PM
    Thanks for that, put my mind at rest!
    • duchy
    • By duchy 16th Nov 19, 8:26 PM
    • 18,430 Posts
    • 46,908 Thanks
    duchy
    • #4
    • 16th Nov 19, 8:26 PM
    • #4
    • 16th Nov 19, 8:26 PM
    It’s based on whom the children live with.
    If a resident parent’s live in partner earned above the limit they couldn’t claim but what a non resident parent earns doesn’t impact at all.
    What is paid in child support is irrelevant too.
    If your ex isn’t claiming because she believes your earnings preclude her doing so, she is wrong.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
    • calcotti
    • By calcotti 16th Nov 19, 8:36 PM
    • 4,066 Posts
    • 2,757 Thanks
    calcotti
    • #5
    • 16th Nov 19, 8:36 PM
    • #5
    • 16th Nov 19, 8:36 PM
    If your ex isnít claiming because she believes your earnings preclude her doing so, she is wrong.
    Originally posted by duchy
    Opening post says ex is claiming.
    • carlsagen
    • By carlsagen 28th Nov 19, 10:21 AM
    • 87 Posts
    • 24 Thanks
    carlsagen
    • #6
    • 28th Nov 19, 10:21 AM
    • #6
    • 28th Nov 19, 10:21 AM
    Hello, sorry to hijack this thread but saves posting another duplicate. Im in exactly the same position and my accountant is asking if my ex (who moved out over a year ago) is still claiming child benefit as id have to pay it back as normal...

    To quote him "If she is you will have to repay that amount as tax again, this is where it can get quite bad."

    Ive checked with her and she says she re-applied from her new address (where she lives alone) and said she was separated. Ive never lived at that house. We have shared custody of our children 50/50.

    Thanks.
    • calcotti
    • By calcotti 28th Nov 19, 11:46 AM
    • 4,066 Posts
    • 2,757 Thanks
    calcotti
    • #7
    • 28th Nov 19, 11:46 AM
    • #7
    • 28th Nov 19, 11:46 AM
    Hello, sorry to hijack this thread but saves posting another duplicate. Im in exactly the same position and my accountant is asking if my ex (who moved out over a year ago) is still claiming child benefit as id have to pay it back as normal...

    To quote him "If she is you will have to repay that amount as tax again, this is where it can get quite bad."

    Ive checked with her and she says she re-applied from her new address (where she lives alone) and said she was separated. Ive never lived at that house. We have shared custody of our children 50/50.

    Thanks.
    Originally posted by carlsagen

    Your post doesn't include a question. If you are asking whether you are liable to the Higher Income charge then I think your question ahs already been answered in this thread. If you have separated and are not living with the Child Benefit claimant you are not liable.
    • Dazed and confused
    • By Dazed and confused 28th Nov 19, 2:49 PM
    • 5,597 Posts
    • 2,980 Thanks
    Dazed and confused
    • #8
    • 28th Nov 19, 2:49 PM
    • #8
    • 28th Nov 19, 2:49 PM
    But the poster said

    my ex (who moved out over a year ago)
    Obviously "over a year ago" is a little vague but could well be in the 2018:19 tax year. And the posters accountant may be in the process of completing their 2018:19 Self Assessment return.

    So the fact that they are separated now doesn't mean there couldn't be a High Income Child Benefit Charge payable for 2018:19.

    Depends on the posters adjusted net income and if Child Benefit was being paid before she moved out. And when exactly she moved out.
    • carlsagen
    • By carlsagen 28th Nov 19, 2:55 PM
    • 87 Posts
    • 24 Thanks
    carlsagen
    • #9
    • 28th Nov 19, 2:55 PM
    • #9
    • 28th Nov 19, 2:55 PM
    Thanks. It was just to clarify that its not applicable if you dont live together. Thanks for that.
    • calcotti
    • By calcotti 28th Nov 19, 3:31 PM
    • 4,066 Posts
    • 2,757 Thanks
    calcotti
    Obviously "over a year ago" is a little vague but could well be in the 2018:19 tax year. And the posters accountant may be in the process of completing their 2018:19 Self Assessment return.

    So the fact that they are separated now doesn't mean there couldn't be a High Income Child Benefit Charge payable for 2018:19.
    Originally posted by Dazed and confused

    Excellent point - I didn't think of that.
    Last edited by calcotti; 28-11-2019 at 4:37 PM.
    • Dazed and confused
    • By Dazed and confused 28th Nov 19, 7:52 PM
    • 5,597 Posts
    • 2,980 Thanks
    Dazed and confused
    It's covered here, looks like Child Benefit to the point of separation is taken into account.

    https://www.gov.uk/child-benefit-tax-charge/your-circumstances-change
    • Dazed and confused
    • By Dazed and confused 28th Nov 19, 7:54 PM
    • 5,597 Posts
    • 2,980 Thanks
    Dazed and confused
    Thanks. It was just to clarify that its not applicable if you dont live together. Thanks for that.
    Just to be clear, it is applicable for the tax year you separate.
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