Family Allowance

To Silly Woman: Mum might be getting less CM at the moment but also has her own earnings with the potential to far out earn dad, and this isn't about depriving her of money it is about providing for the children, surely they are entitled to have things like swimming lessons (mum won't pay despite CM as she considers this to be a luxury) and swimming lessons for 3 children are not cheap. I am sorry you see this as a 'get at mum point' It isn't..

And Zonked: Thank you for you input..

Have just paid £250 deposit for Halls at University for one daughter, £100 for clothes for two daughters (Primark), internet (would not bother for myself) pocket money for personal expenses, eg cinema, make-up = £7.50 per week each child (aged 16/18)trains fares to visit 4 universities, the cheapest return fare being £75 x 2 = on average £500 spent, £25 for school trip for one daughter (compulsory for GSCE subject), provide expenses for a 3 bedroom house (would not need this if I did not have to provide bedrooms for our daughters).

I am unemployed, get jobseekers and child tax of less than £400 and £273 or something like that monthly from x. Mortgage interest is paid for by Gov, although I had to wait over 3 months for this and as my rate is higher I have to put £100 towards that myself. I have had to sell my personal belongings to provide for the train fares to universities and for my daughters deposit for university accommodation.

My x pays 20% of his income for the girls, lives in a paid for caravan with girlfriend also earning. He used to pay for them to have mobile phones, but as I had to take him to court as he had stopped paying me the SM, he just had their phones cut off (£12 each) to spite me and make me have to pay more out for the girls.

He CHOOSES not to see girls so has no expenses in relation to them.

Now call me a cash machine zonked or whatever you said.

My daughters mean the world to me. I stayed with a cheating man for their "sake". Wrong in hindsight, but still I thought I was doing right for them and in some ways I still think I perhaps did the right thing. He would have made me suffer financially (as he is now) if I had divorced him when they were younger and I believe it would have affected them more.

If I had to sell my body (although expect there would be few takers ) in order to ensure my girls didn't go without due to a bitter twisted father.

The point is that the father will have costs as well. I'm sure he loves his children every bit as much as the mum. The benefit is paid for the children, why should the mother be the sole person who decides how that money is spent?

I am sorry your circumstances are like that, and I can see you point.

My parnter is a very father and would share all those costs with you if his circumstances were such as yours.

But they are not.

He would do anything for things to be 50-50.

He is a good dad, not trying to screw anyone over.

... why is it so hard to make this kind of claim as it is not a means tested benefit and is supposed to be for the benefit of the children not the parents.

Child Benefit and tax credits for a child are not split because the Government says administratively it is complicated and too expensive. The rules say that CB should be paid to the parent with the main responsibility for a child. Therefore if care is shared 33:67 in the ex's favour your partner won't be successful in claiming CB.

The Social Security Contributions and Benefits Act 1992 fails to provide specific guidance as to how child benefit should be dealt with in situations of 50:50 shared care, stating that where parents do not elect who is to receive child benefit in such a situation, the Secretary of State will use his discretion to make a determination. When care is shared 50:50 and both parents claim CB main responsibility for a child HMRC will investigate to determine who should receive CB. That involves contacting schools, GPs etc to see what address the child is registered at.

The policy not to divide payment of child benefit between two individuals was unsuccessfully challenged in the case R (Barber) v Secretary of State for Work and Pensions [2002] 2 FLR 1181, where the court ruled that the refusal to split child benefit payments did not amount to discrimination.

So if care is shared 50/50 does that mean neither parent can claim CM.

No it means both can claim but only one will be successful.

If you are in this situation and everything is amicable you just sort it between yourselves or claim for one child each. You also need to consider if you are both working, if one isn't working or isn't earning enough to pay NI then receiving CB gives you an NI credit.

If its not amicable HMRC will need a lot of evidence before who CB is paid to is changed. If one parent makes a claim the first person they will ask is the parent who is already claiming.