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Should I pay child maintenance when she receives child benefit and universal credit for the children? The care is shared 50/50 (currently in dispute with CMS)? We both work and her income is probably slightly more than mine, before universal credit, child benefit etc.
Hi, suggest you keep paying while the dispute is sorted out. If you stop paying, they will take enforcement action and cause lot of headache for you
@Ms8199 @bill337 is right. Unless the CMS has come back to you with a change you are required to continue with the existing arrangement. The CMS could enforce (i.e. move the arrangement to Collect and Pay) if you don't pay the child maintenance due, even if you think it is wrong / unethical.
If you have made a change request (i.e. whether relating to shared care or shared day-to-day care), any decision relating to that change request (date filed) found to be in your favour would mean that it is retrospectively considered and equalised against your ongoing payments, if applicable.
If no child maintenance payments are due, and you have paid, for example, £600 in child maintenance payments between 1 February and 31 March, that amount should be returned to you by your ex-partner. If you ex is unwilling to do so, you would probably need to go to the small claims court, as the CMS will only confirm that you have, in effect, overpaid. They will not enforce judgment against your ex for maintenance that has been overpaid, especially if it's via Direct Pay (as opposed to Collect and Pay).
I hope this is of help.
@infodesk @bill337 Thank you for your replies. Given that she is currently claiming and receiving all of the the financial support that is available for the children, ie/ universal credit and child benefit, should a percentage of this be paid to me. I don't receive any financial support for the children even though they are with me for 50% of the time.
Thank you.
Hi,
If you have more than one child, it may be possible to claim child benefit for other children. Would be up to HMRC.
Some info: If your partner or ex-partner has already made a claim and you disagree, you can make a claim as well - HMRC will decide who gets the benefit. There are complicated rules about who has priority but HMRC will usually give Child Benefit to the person the child lives with the most.
https://www.citizensadvice.org.uk/benefits/child-benefit/before-you-claim/check-if-you-can-get-child-benefit/#:~:text=If%20yo u've%20separated%20from%20your%20partner%20and%20you're,will%20get%20the%20Child%20Benefit.
More info:
https://www.gov.uk/child-benefit-child-lives-with-someone-else
@bill337 Thank you. I have put in an application for one of the children. I have her mostly for 4 nights per week so I think that is reasonable. I will see how it progresses.
Hi @ms8199. The current processing / decision-making timeframe for Child Benefit is five to six months. Unlike the CMS, which applies 5-6 criteria to decipher shared care; well, 'shared day to day care' (to establish whether child maintenance should even be paid), the Child Benefits (CB) office typically apply their decision on three (when the claimant is unwilling to cooperate / be fair); i.e. Where does the child go to school, and where are their doctors' and dental surgeries. It's easier for the CB to rule if, e.g., these all fall in the same catchment area as your ex-partner.
Even if you have your son or daughter more than 50% of the time, if their amenities still fall within the catchment area of your ex, then the CB may still rule in her favour and make no change. I know this from first hand experience and having a candid conversation with a CB officer, who was actually well-informed and very helpful. She agreed that the system can appear unfair at times.
I hope this is of help.
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