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I have two children by my ex-wife. We live apart. The children currently live predominantly with her.
I currently collect child benefit for the two children, I understand this isfine, as I contribute financially to the children's upkeep, through a family based agreement. I earn less than 50k, the ex-wife earns more than 50k.
I have now received a child maintenance claim, from an ex-girlfriend, due to an unplanned pregnancy.
Child Maintenance person (they called, is first time I've spoken to them), said they take the children's address (for which I have a family based agreement) from child benefit, and therefore assume the children live with me. It seems this mean that I recieve a 14% discount, rather than take into account the children live elsewhere and I contribute to them.
I need the Child Maintenance to take into account that I'm currently paying for two children, and they live elsewhere, with their mum. I'd like to continue to receive the child benefit, which I financially need, and not have to sign it to someone else.
Can this be done? Can Child Maintenance update their file to show the ex-children (for which I have a family based agreement to pay for) live with their mum? How can this be achieved?
The person I spoke to at child maintenance, were unfortunately more keen to get my details and me of the phone, than respond to any questions I had.
Thoughts:
It seems 'odd' that child maintenance take address from child benefit, when I understand child benefit doesn't require you to be the primary address (according to gov website can claim if you contribute to the children?). Will ex-wife need claim child benefit (despite potentially receiving a different amount due to income), and me forgo the child benefit amounts? I need the money.
Financially:
I'll be in dire financial position, financially bankrupt, if I continue to pay for two children via family based agreement, and then pay 12%ish in addition, for a new claim, which doesn't take into account my family based agreement. I'd like to continue to receive child benefit though, as I understand I am entitled to, according to government website.
Thanks for any help. I'm new to CMS. And struggling with understanding it.
Hi there
It’s quite usual for the CMS to use the information from the child benefit for the children in a maintenance claim. For instance, if a child leaves school and the receiving parent doesn’t inform the child benefit office, when the paying parent asks the CMS to stop payments because the child has left education, they won’t agree because they base it on whether child benefit is still being paid.
If you’re entitled to claim child benefit, I would just be open about your situation with the CMS, they should take your private arrangement for your older two children into account in their calculations.
Here’s some guidelines that explain child maintenance in more depth.
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