C/B, Child maintennace and joint custody? Help needed.

fofospearjig | 11:42 Sat 28th Feb 2009 | Law

13 Answers

My boyfriend has joint custody of his child. At the moment his ex wife gets all the child benefit and as a result of this, my boyfriend also has to pay her �21.00 per week in child maintenance. She had the nerve to go through the CSA for this even though he is an excellent Dad. The woman is purely money motivated and has left him with a lot of debts.
He is really struggling financially. Where does he stand as regards this maintenance and child benefit thing? How is it right when they share custody of this child that she is getting near on �40.00 per week for his care and my boyfriend gets nothing but is out of pocket when they have him for an equal amount of time? This effects his son.
What can he do to change this if anything? Or is the law really always on the side of the woman!? Who says she's the main carer so she gets all the money ? Who actually decided that???? No one, thats who!
She lives with her rich boyfriend who she claims not to live with, my boyfriend isn't even allowed to know the address his own son lives at.

Wills

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bednobs

is the custody done via a court order? or is it just an informal arrANGEment?

pink-kittens

How old is the child? Is dad's name on the birth cert?

If she is getting �40 a week CB, then he is not the eldest child within the family setting that he lives in.

Who she lives with is neither here nor there

pink-kittens

Search here too http://www.hmrc.gov.uk/childbenefit/introducti on.htm

legendis.god

She can be married to mohammed al fayed and be worth millions.Thye dont take the spouses / bfs earnings into account.

If they share custody and hes told the csa , if its a certain amount of time then he will get a cut in his payments to her thru the csa or even a nil payment

Check with the cab they will help

fofospearjig

Question Author

It is a court order and the child is 5.

She got in touch with the CSA not him. I think he assumed that because he had the child an equal amount of time that he wouldn't have to pay her as well. It really isnt a fair system. I know that whoever receives the child benefit is entitled to maintenance but who decided it was her ?

Thank you for your answers. The law sucks when it comes to fathers rights. :(

fofospearjig

Question Author

sorry pinkkittens, to clarify, they were married, they are now divorced officially. Yes, his name is on the birth certificate. He gives her �21.50 per week and she also receives the �18.00 whatever it is CB. Totaling near on �40.00 per week for the child whereas he gets nothing to help him out when he has him and yet still has to pay her as well. How is this fair when he has joint custody?

bednobs

perhaps he earns more than she does? has he told the CB people that he has joint custody - wasn't money sorted out at the same time as the court order?

fofospearjig

Question Author

No, he doesn't earn more than her and the financial stuff is still being settled. I have told him to ring up the CB people asap and see what they have to say.

pink-kittens

sorry, I thought you meant every 4 weeks she was getting �40 pw CB

I am almost certain that in cases of shared custody both parents are entitled to claim part of the CB but you will need to search the link provided to know for sure

To be truthful with you, �21 per week in maintenance is nothing regardless of what her now partner earns as it is not his child and even �40 per week is not enough to feed, clothe, provide a roof for etc etc for a child

TCL-MUMPING

Has yir boyfriend made a claim for Child Benefit (CHB)? If not that is why he is not getting any of the allowance. When two folk each claim for the same child, it's not a case of splitting the benefit, it will go only to one or the other. He will need to claim the CHB and unless his ex gives it up, the HMRC (they used to be the Inland Revenue) will decide who has priority.

fofospearjig

Question Author

No its not a lot pink-kittens BUT.....he is living on the breadline due to debts his ex ran up, etc..... The whole point is, not the amount but the fact that he has that child as much as she does so why is she entitled to it ? As far as im concerned that money would be better off in his pocket so he can use it for his child. Why is she prioritized, thats the question?

Thanks for that info TCL Mumping, much appreciated. I will advise him to give them a call to see what's what.

tboo

Hi
Unfortunately Child benefit doesn't allow for the splitting of the payment :-
Living at two or more different homes - There is no provision for splitting Child Benefit when a child spends part of the week at two different addresses. So if a child spends part of the week with you and part of the week with someone else you should arrange amongst yourselves who should claim the Child Benefit.

Priority between claimants - Only one person can get Child Benefit for a child. In a couple it will usually be paid to the woman. If more than one-person claims, the Child Benefit will be paid to the person nearest the top of the following priority list:

1. the person with whom the child actually lives (e.g. parents, grandparents etc.).
2. the wife in a married couple living together.
3. a parent (including step parents, adoptive parents and both parents in an unmarried couple).
4. the mother in an unmarried couple living together.
5. another person agreed by those entitled.

pink-kittens

How many nights per week does his son stay with him?

Not sure where I got the idea about CB TBH - sad its not correct really or that your boyfy and his GF cannot cant to some arrangement over it

Are the debts in his name alone?

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