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Consequences of transferring Child Benefit

  • Goodmub
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08 Aug 13 #403726 by Goodmub
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Hi

I am thinking of transferring 1 or both of my chldren''s child benefit to their father who I am in the process of separating from. We are not married and the children were born before 2003 so he does not have parental responsibility for them. He is currenlty unemployed, so transfer of the CB would allow him to child claim tax credit, etc. I am not eligible for it anyway because I earn too much.

What I wouold like advice on is what might the unintended consequences of this be for me in terms of my rights, particularly my rights as the main carer for the children. It seems to make sense to do this financially - in particular so he can afford to rent a house big enough for them to stay with him (they are a teenage girl and boy so would need their own rooms), but I am worried I might be creating a problem for myself by doing this, e.g. redcuing my rights or incurring addtional finacial liabiloity to him. The children will live with me the majority of the time. Thanks for any advice.

  • jslgb
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08 Aug 13 #403730 by jslgb
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The parent in receipt of child benefit is usually viewed as the primary carer of the child. This would make you liable for child maintenance regardless of whether the children reside predominantly with you or not, although this may factor in on how much you pay.

  • Rumplestiltsk1n
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08 Aug 13 #403743 by Rumplestiltsk1n
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transferring 1 of the child benefits would give him RP status and youn RP status for the other. He would be able to claim all the relevant benefits that would entitle him to so i would do this if i were you. you will be liable for CM for both children if you sign over both.

  • BoysMum
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08 Aug 13 #403744 by BoysMum
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I would be very wary signing child benefit into his name. If you earn too much to claim tax credits, your likely to be hit with a hefty child maintenance calculation from the CSA. Your ex will be classed as the primary carer as he will be in receipt of the child benefit.

Your are in the process of separating and although I admire the fact that you clearly want to be fair and reasonable to your ex, these things have a habit of turning nasty. At this point in time, things are amicable between you. However, if things turn nasty, you could end up in a terrible situation. If I were you, and the children are going to be spending the majority of the time living with you, I would keep the child benefit in your name.

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09 Aug 13 #403821 by Goodmub
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my ex has aspirations of the kids being with him 50%, but neither they or me want this. I have the upper hand in all of this at present, which I don''t want to lose, but I do want to be fair. He has also suggested that I give him £100/wk to look after the kids. I hadn''t released how messy and complicated this was going to get.

  • BoysMum
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09 Aug 13 #403825 by BoysMum
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Hi,

Why is suggesting that you pay him child maintenance when the children will be living with you? He is not entitled to claim child maintenance from you, in fact, as you are the resident parent, he ought to be paying you child maintenance.

I think you need to point this out to him and as another poster advised, tell him the £5 a week he would have to pay ( as he is benefits) he can keep to help feed the children when they spend time with him.

There is no legal action he can take regarding this. The law states that the non resident parent is liable to pay child maintenance, not the other way around :S

Sadly, as time goes on, especially where money comes into the equation, things can get very messy. I would strongly advise that you do not transfer the child benefit into his name. You are entitled to this money as you are the resident parent. Likewise, you are legally entitled to claim child maintenance but understandably do not wish to claim this as your ex is on benefits.

Keep posting and ask as many questions as you like, Wiki is a very supportive community.

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09 Aug 13 #403827 by Goodmub
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Thanks Boysmum

I feel a terrible conflict between doing what is best for me and the kids and what is at least OK for him. I know I shouldn''t but I can''t help it. I feel guilty because it was me who ended the relationship (tried and failed for quite a few years to make it work)and he is in a terrible personal situation (of his own making I might add) which makes things practically and financially very difficult for him.

I do want to salvage whatever we have left of our relationship (some sort of friendship or at least tolerance) for the sake of the kids, but I can''t help thinking he will think I am being heartless and selfish.

On a lighter note (well to me anyway), he has recently accused me of purposely not marrying him so that one day I could leave him with nothing!

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