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Child benefit / child maintenance

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Hi. I share custody of my 6 year old son with my ex. Mum has him 4 nights per week, I have him 3 nights per week. Consequently I pay child maintenance and I used the CMS to calculate this. She provided false evidence to state I have him only 1 night a week, which they believed, however I have continued to pay for my son’s benefit.

Historically mum has claimed child benefit for the past 6 years. Due to her income going up, she would now have to pay a tax charge on her child benefit payments. She has therefore recently  asked me to claim the child benefit in my name, but to then transfer it back monthly to her via a different bank account she has set up. I feel this is potentially fraudulent and feel uncomfortable about the situation, so my questions are:

Is this benefit fraud?


Would me receiving child benefit increase the child maintenance payments I am liable for, as it would be additional income per month? Conversely, would she still have the right to claim maintenance off me when she doesn’t receive child benefit?

I am not trying in any way to reduce support for my son, I am just questioning the impacts this will have on child maintenance. Any advice would be greatly appreciated as she can be very demanding and has used our son as a weapon against me when I don’t do what she says, so I don’t want to go about this the wrong way. Thanks in advance 

Topic starter Posted : 25/05/2023 7:59 pm
Illustrious Member


I think it would be treated as fraud and underhanded. If she is no longer entitled to child benefit, then your entitled to claim it for the children.

as she falsely claimed that you have kids 1 night a week, the child benefit money can help balance things out and help you pay maintenance.

CMS are so systematic with child benefit, they treat the parent that gets child benefit as the primary carer. hopefully you can correct the 1 nights a week issue with CMS. they often like to see a court order that confirms the arrangements.

info about changes to child benefit:

Change who gets Child Benefit

Contact the Child Benefit Office if you want someone else to claim Child Benefit, for example, your spouse or partner.

After you’ve done this, tell the other person to make a new claim.

Posted : 25/05/2023 8:10 pm

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