Need advice on child benefit

My husband and I are hoping to find someone who knows child benefit and how it works. Does anyone know of any third party expert on the child benefit system we could contact? Every time we call CB to ask questions, they either refuse to answer or give mixed answers.

A brief history:

My husband has shared residence of his two children, with the residency order of having them 43% of the time.

Over the past year, his ex has asked for us to take the children on several occasions because of social engagements. Even though the residency order is for my husband to have the children 43% of the time, in actuality, he has had them 50% of the time.

Recently, his ex-wife moved in with her boyfriend, and we have bought her out of the ex-matrimonial home. The children's school and surgeries have always been registered at what is our current address, and now she has moved out of the catchment area for both, even though she still commutes down to this area for their school drop-offs and for her job.

We pay his ex 500 pounds a month child maintenance because she claims child benefit. On top of this, we also buy our own clothing for the children, pay for half of all uniform, school fees, haircuts, clubs, etc.

Recently, his ex has registered his children with a new surgery up near her without either his consent or informing him afterward. She has also threatened to remove them from their current school to one up near her because she claims to be the "main carer" even though there is joint residency in order. In my opinion, this is irresponsible behaviour and unacceptable.

We would like to look into claiming one child benefit, but would like some advice before we begin the dispute. If anyone knows of someone who could help, we would appreciate it!

The problem with the CSA calculation is that when there is equally shared care it doesn't reduce to zero it only reduces to half (or thereabouts). Because only the parent who doesn't receive CB is liable there is no reciprocal arrangement whereby the other parent has to pay when the children are not with her. The CSA does not allow for shared parenting (Regulation 20 of the Child Support (Maintenance and Special Cases) 1992 No. 1815). Fathers with equal care who have refused to pay on principle have ended up in prison.

Through Section 8(10) of the Child Support Act 1991 the court still has jurisdiction in respect of an application for maintenance made by the non-resident parent, i.e. the one paying the maintenance. Thus it is open to NRPs in shared care situations unreasonably or unfairly burdened by a (CSA) child support assessment to make a parallel court application for maintenance against the PWC.

I’m not aware of anyone having done this, but it is theoretically a possible route.

CB is usually only paid to mothers (Schedule 10, Social Security Contributions and Benefits Act 1992). The implausible excuse for this is to make it an easy benefit to administer. The real reason is that the historical antecedent of CB was a ‘wage’ paid to married mothers by the state to enable them to be financially independent of their husbands; this was fought for by the MP and campaigner for women’s rights Eleanor Rathbone. Sadly she didn’t foresee what would happen if it was paid to unmarried mothers.

It is certainly possible to get CB for one child paid to the father if you have more than one child. I don’t know how to do it, but would suggest contacting NACSA (The National Association for Child Support Action) or FNF (Families Need Fathers), some of whose members have managed this.

Good luck.

I'm not sure I can add much as you seem to have a good grasp of what is involved. Your husband can put in a claim for CB for one child and if it is contested the case is investigated and a decision made by the DWP.

The consideration is the overall picture - amount of time spent with each parent, the proximity of the school to the homes, where the children are registered with doctors, the address registered with doctors and school.

As far as school is concerned your husband can apply to court for a prohibited steps order to prevent the children being removed from their existing school. The application form, C100, and guides CB1 & CB3 are available to download from HMCourt Services website.