Can ex claim child benefit ?

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  • #59767 Report


    My self and my wife are separated and going through divorce proceedings. We had a 50:50 division in child care untill March this year.  Unfortunately she has an alcohol dependency and has been arrested and convicted of drink driving twice this year, putting the children at risk on each occasion.

    Since March the children have resided solely with me and I have a court order giving me residency and supervised contact only with mum.

    I have just discovered that since April she has been claiming child benefit and how universal credit for herself and the children.  She makes no financial contribution to the children, no child support or any attempt to see if they need any new cloths etc.

    I am unable to claim due to my wage, but as the children don’t live with her can she she claim ? I’m worried that HMRC may try and claim it back in Tax from me.  Also seems wrong claiming money for the children, which is not spent on them in any way. Is this benefit fraud?

    #59792 Report



    HMRC will not claim it back in taxes from you. Unfortunately, it is worse than that. You are joined liable for the child benefit and as you are exceeding the threshold, you can’t claim for the child, neither can their mother, as only one parent needs to. They will just claw it back from you. So let them know, she is claiming child benefit for a none resident child. And as the law stands at the moment, there is a long article in the guardian about it, you will need to put some money aside, as they will claim it back from you.

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