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Confusion and stress over Child Benefit award and effect on CM payment.

 
    Last Post
 
 meusfilia
(@meusfilia)
Active Member Registered
I have three children with my ex partner. Negotiation was not possible as regards to agreeing to 1 Child Benefit payment for myself and 2 CB for my ex partner.( I have paid between 400-639 GBP for CM every month without fail since break up) So I issued a rival claim and was awarded CB for one child in 2019. It was appealed against after 18 months and I lose CB which then meant that CMS said I owed 1800GBP due to my child being taken of the case for that period (which I requested due to the unreasonable amount CMS were asking for). Very upsetting as the decisions are taken by tribunals and no come back. I appealed again this year and HMRC have given me back the CB! 
My CM payments have now been calculated at over 500 for my 3 children despite me caring for them for over 140 days per year. I know all about bandings and gross pay/ weekly liability so please dont mention this in your posts. My only option to reduce this to original 400GBP is to take my boy off the case again to reduce the monthly payment to around 400 GBP. (because I have CB again) This is still a lot of money but Im happy to pay.
I spoke to CMS today and I made it very clear that even though Ive been awarded CB I am not the main carer. I was not given CB because im the main carer. There are several factors that HMRC use. One being that a child 'must spend at least one day per week with a parent'. He spends 3 days per week with me and 50% during all school holidays.
 Due to arrears being owed because of a reversal of tribunal decision, my ex partner will receive the same amount per month after this new reduction. So I feel morally justified about this. My concern is that even though I told CMS that Im not the main carer (it is shared care), they have labelled this 'new change' as 'Change to Main carer' o ntheir portal. I am pretty sure this is what happened last time and my ex accused me of lying to HMRC by saying I was the main carer and also told the tribunal this. Does anyone have advice on this? I realise it is a very specific problem. Thank you
Quote
Topic starter Posted : 02/01/2022 10:08 pm
 DadMod3
(@dadmod3)
Honorable Member

Yes, its very specific.  I wonder whether Citizens Advice would be able to help?

ReplyQuote
Posted : 03/01/2022 4:29 pm
 DadMod2
(@dadmod2)
Illustrious Member

Hi,

I have come across similar scenarios where after dads have managed to get a 50/50 court order for equal care, they would then open a rival claim to child benefit if their ex is not agreeing to the change.  I think removing a child from CMS case would cause more issues, as they aware you are not the primary carer of the children. CMS like to see court orders when these kinds of disputes arise, so you could consider applying for one. If there is a court order that states that there is equal day-to-day care between both parents, then parents do not pay any child maintenance.

ReplyQuote
Posted : 03/01/2022 7:58 pm
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