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Child Benefit dispute

  • IndyFilmGrl
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14 Dec 09 #169272 by IndyFilmGrl
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Hi mumtoboys

His ex earns at least as much as he does, and actually a bit more if you take CM into consideration.

He pays her 365pm at the moment, yet he buys all of his own clothing for the children, pays for uniform, school trips, clubs, etc.

I appreciate the situation you are in, I have great sympathy for you. However, in this situation it is the opposite. Both parents have a good income, share costs, and our view is that there is no need for either parent to pay.

This is why we are looking into CB. We do not want to claim it so that we can charge her maintenance. We would be hoping for a split (one benefit for each parent) so that they essentially cancel each other out and everything becomes balanced.

  • mumtoboys
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14 Dec 09 #169279 by mumtoboys
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that's good! so many people seem to get carried away with what might be 'right', regardless of how it might impact on everyone involved...so I just like to be the 'other side' sometimes to see if it helps give some perspective! Clearly in your case it wasn't needed but maybe it's helped someone else reading this!

  • Harley7
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14 Dec 09 #169285 by Harley7
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Hy Indygirl

Your in for a long slog with CB...

They send you a form in which they ask

Doctors details & registered address.

Childrens Address.

Whom is registered as the main contact at school.


How often the children spend time with you....

Put as much info as possible.....

We are going through a similar procedure, It has taken them over a year to arrive to yet another decision, we have to now appeal to a tribunal...

They have decided in light of all evidence submitted my fiance & his ex wife are both responsible for the 2 children equally, yet have decided to "default" the payment to her still... My fiance pays for both their boarding fees (191 days of the year) his outlay for the children is far higher than his exes & she wont even half the CB.... So off we go....

So I wish you the very best of luck..

  • Fiona
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15 Dec 09 #169378 by Fiona
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Angel wrote:

My fiance pays for both their boarding fees (191 days of the year) his outlay for the children is far higher than his exes & she wont even half the CB....


Are the CSA involved? The non resident parent may apply to the CSA for a variation to CM paid based on expenses they pay. So, when the NRP is paying boarding school fees for children, and child maintenance for that child, the amount of CM can be reduced. Only the everyday living costs or ‘boarding’ part of the fees are taken into account. See r13 Child Support (Variations) Regulations 2000;

www.opsi.gov.uk/si/si2001/20010156.htm

  • Warner
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15 Dec 09 #169379 by Warner
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Best wishes IFG ;)

  • Jane99
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12 May 10 #203621 by Jane99
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Did you manage to claim for half the child benefit.
My step child lives with us 50% of the time. Everything is split equally. The mother is able to claim CB and put in a claim for CSA. We have a 2nd set of uniform, sports kit etc. it doesn't seem fair. Need to know if anyone has put in aclaim to overturn the decision. we don't want to claim from the mother as its 50 50. Unfortunatley everthing is on her side.

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