child benefit problems, OH not paying up.

child benefit problems, OH not paying up.

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Discussion

LarJammer

Original Poster:

2,237 posts

210 months

Saturday 26th July 2014
quotequote all
i'll try to be brief.

me and my ex split up about 3 yrs ago, we lived in the house i own for roughly 4 years. she gets the child benefit payments from the government. we take care of our child equally - alternate weeks and have a verbal agreement whereby she pays me half the benefit each month. last december the payments stopped, i was very patient and gave her some leeway, agreeing after her wedding (may this year) that she would pay me the full benefit each month untill such time she had paid what was owed. however payments have stopped again.
my patience has run out and i have threatened to get the csa involved, to which her reply was she will claim for half of my house for the time we lived together.
so can she make a retrograde claim for half of my stuff? (we were never married)
can we claim half the benefit each?
is there a stress free way for me to claim whats owed?

PurpleMoonlight

22,362 posts

157 months

Saturday 26th July 2014
quotequote all
Oh get real ...

ging84

8,893 posts

146 months

Saturday 26th July 2014
quotequote all
I have read on here of some people saying they have had to make a payment to an ex unmarried partner even though they paid nothing into the home, so such claims can be genuine the claim being based on part of capital gain of the property during the time they shared it.
But going by your dates, about 2007 to 2011 must have been the time you lived together, more likely to have lost equity rather than gained it during that period, perhaps you should suggest you would be happy for her to make you a payment sharing in that loss.

voyds9

8,488 posts

283 months

Saturday 26th July 2014
quotequote all
ging84 said:
I have read on here of some people saying they have had to make a payment to an ex unmarried partner even though they paid nothing into the home, so such claims can be genuine the claim being based on part of capital gain of the property during the time they shared it.
But going by your dates, about 2007 to 2011 must have been the time you lived together, more likely to have lost equity rather than gained it during that period, perhaps you should suggest you would be happy for her to make you a payment sharing in that loss.
That's probably true

She will also owe you 150 loads of washing and about 300 sex sessions. smile

singlecoil

33,580 posts

246 months

Saturday 26th July 2014
quotequote all
LarJammer said:
is there a stress free way for me to claim whats owed?
I take it you are a person of the male persuasion? You can probably claim what is owed, but your chances of actually getting it are much reduced by your gender.

Jon1967x

7,219 posts

124 months

Saturday 26th July 2014
quotequote all
Is your income greater than her income including child maintenance? If you follow the simple logic of you paying her maintenance for the week she has the child, and she pays you for the week you do, the one earning the most will pay something to the other in proportion to the difference.

LarJammer

Original Poster:

2,237 posts

210 months

Saturday 26th July 2014
quotequote all
singlecoil said:
I take it you are a person of the male persuasion? You can probably claim what is owed, but your chances of actually getting it are much reduced by your gender.
yes i am. hence the difficulty in finding useful info on the web. mumsnet has been no help whatsoever!

LarJammer

Original Poster:

2,237 posts

210 months

Saturday 26th July 2014
quotequote all
Jon1967x said:
Is your income greater than her income including child maintenance? If you follow the simple logic of you paying her maintenance for the week she has the child, and she pays you for the week you do, the one earning the most will pay something to the other in proportion to the difference.
i probably do earn more than she, however im not sure, from what ive read, that the legal system follows your simple logic.

LarJammer

Original Poster:

2,237 posts

210 months

Saturday 26th July 2014
quotequote all
ging84 said:
I have read on here of some people saying they have had to make a payment to an ex unmarried partner even though they paid nothing into the home, so such claims can be genuine the claim being based on part of capital gain of the property during the time they shared it.
But going by your dates, about 2007 to 2011 must have been the time you lived together, more likely to have lost equity rather than gained it during that period, perhaps you should suggest you would be happy for her to make you a payment sharing in that loss.
this does seem to be valid and usefull ammo, i mean info.

Silent1

19,761 posts

235 months

Saturday 26th July 2014
quotequote all
LarJammer said:
Jon1967x said:
Is your income greater than her income including child maintenance? If you follow the simple logic of you paying her maintenance for the week she has the child, and she pays you for the week you do, the one earning the most will pay something to the other in proportion to the difference.
i probably do earn more than she, however im not sure, from what ive read, that the legal system follows your simple logic.
no i'm pretty sure it doesn't if the care is 50/50 then there's no money either way IIRC

JumboBeef

3,772 posts

177 months

Saturday 26th July 2014
quotequote all
You have two choices:

Let her keep the CB, talk to her and smooth everything out.

Or

For the sake of 1/2 of the CB, risk the CSA getting involved. You WILL lose a damn sight more than 1/2 CB.......

Jon1967x

7,219 posts

124 months

Saturday 26th July 2014
quotequote all
I guess that was my point, if the CSA get involved, then earning might get taken into account so why stop at child maintenance.

LarJammer

Original Poster:

2,237 posts

210 months

Saturday 26th July 2014
quotequote all
i cant see the risk to my financial situation if the csa are involved. am i missing something?

to clarify no maintenance payments are made by either party since the childcare is shared equally.

Edited by LarJammer on Saturday 26th July 21:52

DrDeAtH

3,587 posts

232 months

Saturday 26th July 2014
quotequote all
Isn't child benefit about 20 quid a week?

Tell her to poke the 40 quid up her arse.
Its money that will be spent on YOUR child ffs

...and the CSA... They don't technically exist anymore..

JumboBeef

3,772 posts

177 months

Saturday 26th July 2014
quotequote all
LarJammer said:
i cant see the risk to my financial situation if the csa are involved. am i missing something?

to clarify no maintenance payments are made by either party since the childcare is shared equally.

Edited by LarJammer on Saturday 26th July 21:52
This might come as a shock then:

CSA is paid by the person who doesn't receive CB to the person who does as the children are deemed to live with the person who receives CB.

You will end up paying 15-25% of your income to your ex, with reductions based on the amount of time the children spend with you.

But you WILL end up paying a lot more via CSA than you will lose if you don't get your 1/2 of CB.

Don't wake the CSA monster......

Jon1967x

7,219 posts

124 months

Saturday 26th July 2014
quotequote all
https://www.gov.uk/calculate-your-child-maintenanc...

Put in your figures and see if the 10/week (half of child benefit) is worth the risk

Fozziebear

1,840 posts

140 months

Sunday 27th July 2014
quotequote all
CSA has nothing to do with child benefit, they are there to use your earnings as the non resident parent to fund the upkeep of the child at the resident parents home. If you have no written agreement for child support the resident parent can claim a % of your earnings, so the question is do you really want to lose a possible 20% of your weekly income over £20 child benefit? The CSA would also back date this from separation. Let her have the child benefit, let her have her new life, keep seeing your child and be grateful you can have all your wages and access to you kid.

PurpleMoonlight

22,362 posts

157 months

Sunday 27th July 2014
quotequote all
Fozziebear said:
CSA has nothing to do with child benefit, they are there to use your earnings as the non resident parent to fund the upkeep of the child at the resident parents home. If you have no written agreement for child support the resident parent can claim a % of your earnings, so the question is do you really want to lose a possible 20% of your weekly income over £20 child benefit? The CSA would also back date this from separation. Let her have the child benefit, let her have her new life, keep seeing your child and be grateful you can have all your wages and access to you kid.
When you don't know what you are talking about it's best to shut the fk up ...

JumboBeef

3,772 posts

177 months

Sunday 27th July 2014
quotequote all
Fozziebear said:
The CSA would also back date this from separation.
Wrong.

CSA is only payable from the date they are contacted by one/both parents.

can't remember

1,078 posts

128 months

Sunday 27th July 2014
quotequote all
You drive a Porsche and are wanting to claim back 1/2 the child benefit. Move on, love your kids, and forget about her.