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Child benefit – shared care
#1
Hi. After multiple court applications and dealing with a deranged ex who refuses to put her kids ahead of her own selfish ideas of revenge, I finally have shared care. From what I understand however though is that only 1 application can be made for child benefit, is that correct?

What I can’t understand is why this is the case, as any system could easily divide a payment up between ‘X’ of recipients rather than 1.

Any thoughts, or case studies of this being challenged?

Thanks in advance.
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#2
(05-13-2019, 09:31 AM)Goetia Wrote: Hi. After multiple court applications and dealing with a deranged ex who refuses to put her kids ahead of her own selfish ideas of revenge, I finally have shared care. From what I understand however though is that only 1 application can be made for child benefit, is that correct?

What I can’t understand is why this is the case, as any system could easily divide a payment up between ‘X’ of recipients rather than 1.

Any thoughts, or case studies of this being challenged?

Thanks in advance.

The Welfare Benefit Reform Act 2013 changed things a lot.  If you can show its 100% shared care, you can make a case to CMS that no Child Support should be paid. However, to get Child Benefit, you will need to show you exceed 50% of the nights, and if that is 50/50, 50% of the daytime.

If there is 2 children, you might be able to try to get CB for 1 of them.

In that situaiton, both parents would then have to pay Child Support, so that the child does not lose out due to who claims for them.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
(05-13-2019, 07:13 PM)MarkR Wrote:
(05-13-2019, 09:31 AM)Goetia Wrote: Hi. After multiple court applications and dealing with a deranged ex who refuses to put her kids ahead of her own selfish ideas of revenge, I finally have shared care. From what I understand however though is that only 1 application can be made for child benefit, is that correct?

What I can’t understand is why this is the case, as any system could easily divide a payment up between ‘X’ of recipients rather than 1.

Any thoughts, or case studies of this being challenged?

Thanks in advance.

The Welfare Benefit Reform Act 2013 changed things a lot.  If you can show its 100% shared care, you can make a case to CMS that no Child Support should be paid. However, to get Child Benefit, you will need to show you exceed 50% of the nights, and if that is 50/50, 50% of the daytime.

If there is 2 children, you might be able to try to get CB for 1 of them.

In that situaiton, both parents would then have to pay Child Support, so that the child does not lose out due to who claims for them.

Thank you MarkR greatly appreciated as always. I already pay no child support because of the 50/50 arrangement, so nothing is needed with regards to CMS, and we do have two children so a fair share is all I am after.
Sadly what I do not understand is how do I go about requesting this, as the mother will not agree it by request alone, and all I can see online is statements in capitalisation that say only ONE PARENT can claim this benefit which seems to shut down a joint claim.
Thank you in advance
Reply
#4
(05-14-2019, 09:19 AM)Goetia Wrote:
(05-13-2019, 07:13 PM)MarkR Wrote:
(05-13-2019, 09:31 AM)Goetia Wrote: Hi. After multiple court applications and dealing with a deranged ex who refuses to put her kids ahead of her own selfish ideas of revenge, I finally have shared care. From what I understand however though is that only 1 application can be made for child benefit, is that correct?

What I can’t understand is why this is the case, as any system could easily divide a payment up between ‘X’ of recipients rather than 1.

Any thoughts, or case studies of this being challenged?

Thanks in advance.

The Welfare Benefit Reform Act 2013 changed things a lot.  If you can show its 100% shared care, you can make a case to CMS that no Child Support should be paid. However, to get Child Benefit, you will need to show you exceed 50% of the nights, and if that is 50/50, 50% of the daytime.

If there is 2 children, you might be able to try to get CB for 1 of them.

In that situaiton, both parents would then have to pay Child Support, so that the child does not lose out due to who claims for them.

Thank you MarkR greatly appreciated as always. I already pay no child support because of the 50/50 arrangement, so nothing is needed with regards to CMS, and we do have two children so a fair share is all I am after.
Sadly what I do not understand is how do I go about requesting this, as the mother will not agree it by request alone, and all I can see online is statements in capitalisation that say only ONE PARENT can claim this benefit which seems to shut down a joint claim.
Thank you in advance

This is done by you making what is called a Rivel Child Beneift Claim. They then have to decide after both parties send in evidance.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#5
(05-14-2019, 11:30 AM)MarkR Wrote:
(05-14-2019, 09:19 AM)Goetia Wrote:
(05-13-2019, 07:13 PM)MarkR Wrote:
(05-13-2019, 09:31 AM)Goetia Wrote: Hi. After multiple court applications and dealing with a deranged ex who refuses to put her kids ahead of her own selfish ideas of revenge, I finally have shared care. From what I understand however though is that only 1 application can be made for child benefit, is that correct?

What I can’t understand is why this is the case, as any system could easily divide a payment up between ‘X’ of recipients rather than 1.

Any thoughts, or case studies of this being challenged?

Thanks in advance.

The Welfare Benefit Reform Act 2013 changed things a lot.  If you can show its 100% shared care, you can make a case to CMS that no Child Support should be paid. However, to get Child Benefit, you will need to show you exceed 50% of the nights, and if that is 50/50, 50% of the daytime.

If there is 2 children, you might be able to try to get CB for 1 of them.

In that situaiton, both parents would then have to pay Child Support, so that the child does not lose out due to who claims for them.

Thank you MarkR greatly appreciated as always. I already pay no child support because of the 50/50 arrangement, so nothing is needed with regards to CMS, and we do have two children so a fair share is all I am after.
Sadly what I do not understand is how do I go about requesting this, as the mother will not agree it by request alone, and all I can see online is statements in capitalisation that say only ONE PARENT can claim this benefit which seems to shut down a joint claim.
Thank you in advance

This is done by you making what is called a Rivel Child Beneift Claim. They then have to decide after both parties send in evidance.

Again thank you MarkR. I have spoken with a representative of child benefits via their webchat platform (worked better than expected) and they advised me to claim for one child, so I have just completed the standard form and will post tonight with a covering letter and a copy of the court order.

Out of interest, do you know of any reasons why they might rule against me? The fact I am only asking for 1 child for fairness, and have a court order in place that states the 50/50 order, and no CMS issues, I feel like I am in a strong position.
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#6
(05-14-2019, 11:47 AM)Goetia Wrote:
(05-14-2019, 11:30 AM)MarkR Wrote:
(05-14-2019, 09:19 AM)Goetia Wrote:
(05-13-2019, 07:13 PM)MarkR Wrote:
(05-13-2019, 09:31 AM)Goetia Wrote: Hi. After multiple court applications and dealing with a deranged ex who refuses to put her kids ahead of her own selfish ideas of revenge, I finally have shared care. From what I understand however though is that only 1 application can be made for child benefit, is that correct?

What I can’t understand is why this is the case, as any system could easily divide a payment up between ‘X’ of recipients rather than 1.

Any thoughts, or case studies of this being challenged?

Thanks in advance.

The Welfare Benefit Reform Act 2013 changed things a lot.  If you can show its 100% shared care, you can make a case to CMS that no Child Support should be paid. However, to get Child Benefit, you will need to show you exceed 50% of the nights, and if that is 50/50, 50% of the daytime.

If there is 2 children, you might be able to try to get CB for 1 of them.

In that situaiton, both parents would then have to pay Child Support, so that the child does not lose out due to who claims for them.

Thank you MarkR greatly appreciated as always. I already pay no child support because of the 50/50 arrangement, so nothing is needed with regards to CMS, and we do have two children so a fair share is all I am after.
Sadly what I do not understand is how do I go about requesting this, as the mother will not agree it by request alone, and all I can see online is statements in capitalisation that say only ONE PARENT can claim this benefit which seems to shut down a joint claim.
Thank you in advance

This is done by you making what is called a Rivel Child Beneift Claim. They then have to decide after both parties send in evidance.

Again thank you MarkR. I have spoken with a representative of child benefits via their webchat platform (worked better than expected) and they advised me to claim for one child, so I have just completed the standard form and will post tonight with a covering letter and a copy of the court order.

Out of interest, do you know of any reasons why they might rule against me? The fact I am only asking for 1 child for fairness, and have a court order in place that states the 50/50 order, and no CMS issues, I feel like I am in a strong position.

I am not aware of any, but given the fact you have now applied for Child Benefit, you need to also see if you can get Universal Credit.

Use the website http://www.entitletedto.co.uk and fill it out as if 1 of the children lives with you, as you might be able to get more help.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#7
Will be surprised if you get it... I applied and was told no way as the current claim takes precedent over my claim & until she decides to not claim it I would therefore not be entitled to it.. Or in other words they were not getting involved with deciding if what I was asking for was fair ot not... They just say no as a matter of course. Mine is same as your situation... 2 kids... She claims both child benefit, tax credits, works 30 hrs a week and lives in the joint owed house paying just interest on the mortgage. I am disabled and stopped working part time 9 months ago as it was becoming increasingly difficult.... I and my kids would be so much better off financially if allowed to claim for one of the children... But she is worried as it entitles me to claim matenience from her even though I've stated many times I'm not interested in that aspect... Its the fact that I would be entitled to more housing benefit as a parent with child... Council regards me as a single man with no kids...did apply for DHP but that only last six months and they turned me down last application's I have no rent arrears... Because now using my DLA to pay rent which leaves me to live in ESA which is near to impossible.... Its just not fair or very equal and to try and argue your case is super demoralising and stressful so you kinda give up... Until you have that streak of 'how is this fair' and then you start considering another challenge... But then you know its pointless... So you do nothing because nothing can be done to help you. Hope your outcome is better then mine was!
R
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#8
(05-15-2019, 10:11 AM)juddermeister Wrote: Will be surprised if you get it... I applied and was told no way as the current claim takes precedent over my claim & until she decides to not claim it I would therefore not be entitled to it.. Or in other words they were not getting involved with deciding if what I was asking for was fair ot not... They just say no as a matter of course. Mine is same as your situation... 2 kids... She claims both child benefit, tax credits, works 30 hrs a week and lives in the joint owed house paying just interest on the mortgage. I am disabled and stopped working part time 9 months ago as it was becoming increasingly difficult.... I and my kids would be so much better off financially if allowed to claim for one of the children... But she is worried as it entitles me to claim matenience from her even though I've stated many times I'm not interested in that aspect... Its the fact that I would be entitled to more housing benefit as a parent with child... Council regards me as a single man with no kids...did apply for DHP but that only last six months and they turned me down last application's I have no rent arrears... Because  now using my DLA to pay rent which leaves me to live in ESA which is near to impossible.... Its just not fair or very equal and to try and argue your case is super demoralising and stressful so you kinda give up... Until you have that streak of 'how is this fair' and then you start considering another challenge... But then you know its pointless... So you do nothing because nothing can be done to help you. Hope your outcome is better then mine was!
R

Sorry to read that juddermeister.

Can I ask if you have a court order that confirms a shared care arrangement? I only ask as this appeared to be the main thing for why I was advised to claim for 1 child as it cannot be disputed that I have equal access and care of my children.

I am sure it will be a very slow process, but I’ll update when I hear something back.
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#9
Yes I have an SRO (shared residence order) which states the children live 30%of term with me and 70% with mum. Holidays are split 50/50.What annoys me so much is my stupid solicitor wouldn't allow me to ask for 50/50 in my application because I was going for residency so I therefore couldn't request 50/50..i had to ask for more so I went 70/30 on his advice ...... Which incidentally is what they awarded her .....the whole system is crazy and fucked up. I did argue that the status quo had been for 18 months 50/50 whilst she and myself fought for residency so I was amazed when they came up with that 70/30 split? The politicians talk about shared parenting as though it is the normal thing that people do, the right thing, morally and financially etc .. seeing as you both decided to have a child you should be equally accountable. Trouble is in the courts someone has to win and someone has to lose.. and...in mostly all cases it is the father of said children who will lose. Precious time with your children snuffed out at the whim of a judge....financially screwed because you are not recognised as a parent by the government unless they are after you for child support. Good luck with your situation ?
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#10
(05-24-2019, 12:00 PM)juddermeister Wrote: Yes I have an SRO (shared residence order) which states the children live 30%of term with me and 70% with mum. Holidays are split 50/50.What annoys me so much is my stupid solicitor wouldn't allow me to ask for 50/50 in my application because I was going for residency so I therefore couldn't request 50/50..i had to ask for more so I went 70/30 on his advice ...... Which incidentally is what they awarded her .....the whole system is crazy and fucked up. I did argue that the status quo had been for 18 months 50/50 whilst she and myself fought for residency so I was amazed when they came up with that 70/30 split? The politicians talk about shared parenting as though it is the normal thing that people do, the right thing, morally and financially etc ..  seeing as  you both decided to have a child you should be equally accountable. Trouble is in the courts someone has to win and someone has to lose.. and...in mostly all cases it is the father of said children who will lose. Precious time with your children snuffed out at the whim of a judge....financially screwed because you are not recognised as a parent by the government unless they are after you for child support. Good luck with your situation ?

Not sure if I follow this, if there is currently a 70:30 schedule in favour of your ex then CMS would still be due by yourself.  It's only when you have 50% overnight and 50% daytime care that potentially no child support is due.
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