Child Benefit?

[hodges5]

Asking for a friend?

Friend is separated form the mother of his child (child mostly lives with father) but mother claims the child benefit (father cannot claim this because of his earnings being above the threshold)
Mother has now gone to the CSA for money from the father as he cant claim the child benefit she is entitled to do this (can he fight the case with the child benefit as the child is mostly with him?)
Father also pays for the child to go to private school so is happy to pay his fair share but thinks this is an unreasonable request as the child is 80% of the time with him.
who would he need to contact to discuss this matter?

any help would be appreciated

[ummmm]

Child benefit is not means testing so his earnings will not be taken into consideration. He should phone them and explain the situation.

[friedgreentomato]

He can make a claim - just got to the HMRC website http://www.hmrc.gov.uk/forms/ch2-online-stubb.htm

Fill in the form and print it then send it off, this will start what is called a rival claim, they will investigate who the child spends most time with and award the child benefit to that parent.

[factor-fiction]

It does start to be withdrawn though doesn't it ,ummmm, for salaries over around £50k. Maybe that's what hodges mean by 'above teh threshold'

[friedgreentomato]

Child benefit is no longer paid to people earning over £60,000, however, there may still be an entitlement so even if he physically does not recieve the money it is worth registering for it!

[ummmm]

Sorry - forgot about that!

[pixie373]

There is no threshold to receive Child Benefit, but only one of the parents can receive it. As far as maintenance goes, the CSA should calculate it. It will depend on the earnings of each parent and the percentage of the time they have the child. I'm not sure whether paying school fees would be included or not. It may be taken into account and affect anything he has to pay the mum.

[pixie373]

Me too. Sorry.

[friedgreentomato]

Pixie, please see my answer!

CSA does not include child benefit when working out how much to pay!

[friedgreentomato]

Lol crossed posts.

But as I said you may have entitlement.

[hodges5]

Thank you for your reply's
Father earns above the 60k allowance so has always let the mother receive the child benefit in her name, this now allows her to put in a claim to the csa even tho the child is mostly with him (how is he supposed to prove this?) he has kept a diary of when the child is with him, but is this going to be enough evidence as the mother is going to dispute this.

[ummmm]

How old is the child?

[friedgreentomato]

The mother could have put a claim into CSA even without child benefit!

Where is the child registered for the doctors etc, who takes the child to school, who employs any child minders etc etc.

who buys the school uniform - they will ask for this type of evidence.

[hodges5]

The child is now 14

Child is registered at the fathers doctors and the Father pays for the school uniform and transport to and from school

[pixie373]

They can both make a claim. I've known this happen with a child that did similar. The father earnt more and had the child more, but the mother still got maintenance from him for when she had the child, as her earnings were low. It was worked out earnings and percentage of the time the child was with each of them. Her maintenance due was taken off his and he had to pay her the difference.

[ummmm]

If he's 14 all they have to do is ask him.

[craft1948]

When I split from the first Mr Craft we shared custody of the daughter. I signed over the child benefit to him, but I claimed the single parent's tax allowance.

[friedgreentomato]

Child benefit can only be paid to 1 parent - it doesn't matter who gets paid more it is who cares for the child the longest that will recieve the benefit.

They don't ask the children Ummm, it is done by filling in the forms, once your friend fills in the CH2, he will recieve another form and will his ex partner, they will both have to fill this form out and return it - a decision or further information will then be requested.

[hodges5]

Again Many thanks for all of your help

i will pass the form onto my friend and all of your information (hopefully he will then be able to get this resolved)

[pixie373]

Who gets paid more affects child maintenance, not child benefit.