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I have been seperated for over a year but not yet started divorce.
I have 2 of our children living with me since the split and she has 2 living with her.
I recently started claiming universal credit due to a drop in income. It turns out that my ex was claiming for all four of our children so when I started a claim it meant a drop in her benefits.
Because of this she has started a claim with the child maintenance service.
Should I have to pay her anything considering I have full time residency and full financial responsibilityfor the 2 children that live with me?
hi,
do you have a court order, or any good evidence to show that 2 kids are living with you? if you do, then you should speak to CMS and send that evidence to them. do you claim child benefit for the 2 kids?
Hi, my understanding would be you should be able to claim benefits for the two children who have full residency with you.
Is the residency of the two kids with you firmly established by a court order, or by verbal agreement between you and your ex?If the latter, be aware your ex may seek to have all 4 children under her residency as she is clearly claiming such is the case with benefits, and you will need to get this cleared up with them.
If you are paying maintenance for the two who reside mainly with your ex, you should expect your ex to pay maintenance for the two who mainly reside with you, so I would think you should likewise be able to put your claim to the CMS.
The most logical thing is this situation would be for both of you to agree to forgo maintenance from each other, as you appear to have equally shared the care of your 4 children between you, but logic often seems to fly out the window when it comes to co-parenting between different households.
Hi,
no court order but she isn't disputing the 2 that live with me. She has only started a CMS claim for the 2 that live with her.
I've only just started the universal credit claim so I'm assuming child benefit is included in that - I'll have to find out.
Hi, my ex will not agree to forgo maintenance. I have started a benefits claim and will probably be entitled to something.
The CMS has just informed me that this is not a case of 50/50 care as she is only claiming against me for the 2 children that reside with her. They are not using common sense to reach a descision and have told me I need to claim against her for the 2 that live with me .
4 children with the same parents but treated as 2 seperate cases - it's bonkers and seems to be weighted towards her at the moment
hi,
if your Universal credit claim goes through, then CMS will expect you to pay maintenance on that, even if it will be little amount. i lost a job almost 3 months ago. did not bother claim UC, as may find work in few weeks. Told CMS I am out of work, so am not paying any maintenance at present.
what is your ex's situation? is she working or on benefits? you might aswell open a CMS case for 2 kids that live with you, if that means your ex will pay maintenance for them.
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