50-50 & Still claiming maintenance??

[Nujra Rof]

Hi everyone,

As part of the financial negotiations my wife is insistent on child benefit being in her sole name. I’ve read online this is so she can claim to be primary parent of the children and claim maintenance from me still.

Has anyone heard of this?

She is really against 50-50 split of childcare and I do believe this is maintenance related, so I’m fighting for my right, and my children’s right to spend the right amount of time with their father. If I am successful I think this child benefit angle may be her next move - anyone got any idea how strong her claim would be?

Many thanks

 

[nothernsoul]

I'm no expert and in the process of having this battle.

I have heard that for one child you cannot split child benefit but if you had 2 you could claim for one each.

CMS will question decisions such as hospital / dental appointments to see if there is an uneven split of responsibility even with a 5050 CAO.

Another stick to best us with but the dads I've spoken to have got there in the end.

So much of this is all money related.

 

[nothernsoul]

But. Focus on securing 5050 CAO first.

Leave anything financial out of it and just focus on the children.

The rest can wait.

 

[Nujra Rof]

I'm no expert and in the process of having this battle.

I have heard that for one child you cannot split child benefit but if you had 2 you could claim for one each.

CMS will question decisions such as hospital / dental appointments to see if there is an uneven split of responsibility even with a 5050 CAO.

Another stick to best us with but the dads I've spoken to have got there in the end.

So much of this is all money related.

Agree it is solely financially motivated this stuff, rather than child focused yet we are the ones on trial it feels

 

[Jumper85]

Who's the benefit paid to at the moment?

Don't give it up, ever! It is a key to CMS. I was paid the child benefit, the ex challenged it after the CAO was signed off by the court of a clear/equal split of 50/50 care and lives with both. HMRC agreed to split the benefit down the middle as we have 2 children. This still didn't give her the key to CMS and thankfully, in my Financial settlement the courts were quite considerate given that the ex was awarded spousal maintenance which was to be expected given the disparity in income however the courts agreed in the settlement that she could not claim child maintenance whilst the spousal was being paid so even if she was successful with CMS, she wouldn't be financially better off.

 

[MonkeyDad]

My own case, which is marginally related: we split the week 3 nights for me, 4 for her, and as well as child maintenance I paid half of school trips, all of dinner money and various one-off bits and pieces (because we both have decent incomes and paying half just seemed fair to me, irrespective of CMS)

My son really wanted 50:50 split of time and she eventually gave in to him badgering her and she informed CMS.

That triggered them asking me about the exact split of time and who does doctor/dental etc. As a result of my answers the CMS cancelled the maintenance case completely. They didn't ask about child benefit. What probably worked in my favour is that I have taken him to the dentist a couple of times for appts that she has booked and I said that I would take him to the doctor if he ever needed it since I don't live very far from her.

That was in December and I'm still paranoid that she will appeal and then tribunal, but nothing so far.

 

[Nujra Rof]

Who's the benefit paid to at the moment?

Don't give it up, ever! It is a key to CMS. I was paid the child benefit, the ex challenged it after the CAO was signed off by the court of a clear/equal split of 50/50 care and lives with both. HMRC agreed to split the benefit down the middle as we have 2 children. This still didn't give her the key to CMS and thankfully, in my Financial settlement the courts were quite considerate given that the ex was awarded spousal maintenance which was to be expected given the disparity in income however the courts agreed in the settlement that she could not claim child maintenance whilst the spousal was being paid so even if she was successful with CMS, she wouldn't be financially better off.

Spousal maintenance I’ve heard is so rare - I would’ve thought you could give her a bigger share of the pot of the assets instead?

Do you have to pay spousal forever or until kids 18?