Child benefit

I was wondering if anyone else had a similar experience?

4 years ago I got divorced. We have two children now aged 15 and 10.

Upon divorce I was ordered to hand over the child benefit to my ex as she had the children 60% of the time. Four years down the line and both children are living with their parents 50:50.

When I spoke to citizens advice about how the child benefits arrangements may now change I was told to ask if my ex could informally transfer 50% to me…she refused stating that is not in the court order. I then asked for the children birth certificate numbers so I could the C2 form for HMRC to decide. She refused to hand over the children birth certificates so I had to purchase two new ones at £25.

I have now completed the form and sent off in the post. I have spoken to HMRC who did not sound too convincing that I would see any of the child benefit despite my ex wife and I having the children 50:50 and both employed in the same profession on the same salary.

As a father of two children surely I am eligible to receive child benefit now?

Any advice would be really appreciated

Thankyou

Yes, however now you've contested the child benefit, HMRC should contact the ex and ask if she would be willing to claim for 1 child each, if she refuses, then HMRC will then complete and investigation. The will check as to what address the school have on file and what address the GP has on file. They don't look at spend typically, they'll understand as to where the majority of their belongings are and therefore who has majority care

Thankyou for your response

My children will have both addresses for school and their GP.

They have said it may take up to 12 weeks so I’ll wait and see

In the grand scheme of things its £100 odds a month, or are you wanting it shared to ensure she cannot use CMS on you?

Scotay said:

In the grand scheme of things its £100 odds a month, or are you wanting it shared to ensure she cannot use CMS on you?

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its the key to cms!

I am looking at contesting the Child Beneift, any news on how it went your side, or from anyone else?

dailysysadmin said:

I am looking at contesting the Child Beneift, any news on how it went your side, or from anyone else?

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The ex contested as I was claiming it (I earn significantly more than her however was paying all outgoings for both households) and we settled to split the benefit as we have 2 children. Case Closed.

Thats what I would be looking to do, just split the CB. it's not the money from child benefit that I am bothered about but the fall back from CMS about who is primary carer.

dailysysadmin said:

Thats what I would be looking to do, just split the CB. it's not the money from child benefit that I am bothered about but the fall back from CMS about who is primary carer.

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So firstly would she agree to splitting the child benefit?

Assuming not, you'd have to raise a formal contest and evidence that you care for the children on a 50/50 basis. Secondly, as part of the child benefit investigation they will look as to what address the school holds, doctors, dentists, where most of their things are kept. Essentially trying to determine who has the majority care outside of the 50/50 agreed. If you can demonstrate you take some of these responsibilities and your home address is used for some of them, you shouldn't have a problem in being able to contest the benefit.

As I understand it, only one parent can receive the child benefit - even with a 50/50 order - unless the ex agrees to share it with you - eg one child each. It simply comes down to that. It's £26 a week.

Personally I would drop it if she doesn't agree to share it and instead, focus on dealing with CMS to say there should be no child maintenance to pay as it's a 50/50 order. You'll need to send them a copy of the order, and the order wording itself might be crucial. I've heard of cases where CMS say the order isn't exactly 50/50 because your time only starts after school meaning the kids are in the ex's care during a school day.

It helps if there is a line in the order that says "for the avoidance of doubt, this order provides for a full and equal sharing of the care of the child".

Will your ex agree to no CMS and just sharing the cost of everything instead? Have you tried that?

Jumper85 said:

So firstly would she agree to splitting the child benefit?

Assuming not, you'd have to raise a formal contest and evidence that you care for the children on a 50/50 basis. Secondly, as part of the child benefit investigation they will look as to what address the school holds, doctors, dentists, where most of their things are kept. Essentially trying to determine who has the majority care outside of the 50/50 agreed. If you can demonstrate you take some of these responsibilities and your home address is used for some of them, you shouldn't have a problem in being able to contest the benefit.

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Definitely would not agree.

We agreed in court to a fair split of 3/3 7 th day to be decided but so far have been unable to stick to it, the kids are with me more often currently, which I am happy with but it has the huge drawback of 0 routine. It's definitely a weird situation, CMS being reduced has understandably brought more friction but I am just trying to ignore it.

School/Docs and dentists are all with me, although I should double check that it hasn't been changed.

I will make sure that line or similar is included, I felt like I was doing 80% of the parenting before all this happened, even asking for 50/50 feels like punch in the stomach.

I am starting with CMS but I don't think they will do anything now until I get an updated court order, which will come. I was only looking at going at CB now to start the process, I've also seen some comments on here about even with 50/50 still being pushed into CMS.

Sounds like similar situation to me. I was doing all the parenting whilst we lived together despite me working full-time I worked from home. I did all the school runs, clubs, etc. As soon as I moved out, I changed all the addresses to my rental address with school, doctors, dentist, etc and kept evidence of appointments.

@Ash - from my personal experience when CB was contested earlier this year, I was told as there is more than 1 child involved, the options were after investigating, parent 1 receives the award, parent 2 receives the award or it's split and each parent claims for a child. However this isn't an option if there is only 1 child.