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Really need some advice on child maintenance and it’s link to child benefit.
Background - As of 8 weeks ago, (my only) child moved in with me 100% - deciding to go no-contact with other parent. Prior to this, arrangement was 50/50 (week on/ week off). Again, a decision made by child, increasing overnights with me from every other weekend. Personally always paid my maintenance to other parent; close to £40k total until 50/50 arrangement.
As child decided to go 100% with me, I applied to CMS as I do not trust other parent.
Applied approx 3 weeks ago and just had my CM case closed by CMS as other parent claims child benefit for child.
She lied to CMS on their first call, saying child still lives with her (CMS adviser told me this, and shows I am right not to trust). I have told CMS I have School/ GP evidence that child is 100% of time with me, with no contact with other parent.
They say they have no option but to close the claim, and will only deal with me when Child Benefit has been moved to me. They won’t even put my claim as pending Child Benefit outcome (even though they could see on our call today that there is a rival claim in progress) so the clock stops for other parent’s maintenance responsibility, and the clock starts again whenever Child Benefit claim is sorted.
It is really frustrating to pick your way through. Especially as you read that there is a legal obligation to financially support children during their upbringing. But who enforces this law if even the CMS turn a blind eye in my situation?
I have already opened a rival claim for Child Benefit last month, but they have a 12 week backlog. Other parent still claiming Child Benefit (as CMS can see this as they have made their decision on that).
I suspect she’ll drag it out once they make contact too (which could be in July earliest), even though I’ll send letters of evidence from school removed link
My child is safer, healthier and happier than ever before - which means more than anything else.
But I feel if this situation was reversed, I’d be easy pickings as a father for CMS.
I see very little info online with how CMS disregard a claim from a parent not in receipt of the child benefit.
Anyone have any advice where I should turn? Or walked a similar path like this before? Maybe I have to just sit it out and wait for Child Benefit to be sorted in to my name (chased and requested a quicker resolution today).
It just feels every which way you turn, the mother is always a protected species and everything is purposely made difficult for a father.
hi,
I think to settle this you need to get a court order. if you have one for 50/50, then need to get it varied. CMS will not turn down a new court order that states the living arrangements. you can self represent in court with right guidance. let ne know if you need help. sending you private message.
Thanks @dadmod2 .. so the two are directly linked, and there is no alternative? No court order in place; as child decided 50/50, so I honestly didn’t see the benefit of an order over that time. I’ll take a look at your DM. Thanks!
@threecrowns Generally, the parent who claims and receives Child Benefit is considered the main carer, particularly in the context of other benefits like Universal Credit and for determining child maintenance. HMRC, the body that manages Child Benefit, will usually award it to the person who the child primarily lives with.
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