my son has had issue since his mum and me separted he has anger/behaviour issues
he moved school into a ESC which is near me.
in July18 he wanted to move in with me and my partner and her 16 year old son, my son is 14
my ex didnt like this but we agreed but i had reservations to the following: he goes to mums eve weds night and alternate tues then alternate weekends, this actually means he resides with me more than her.
i asked about issues ie CMS i was then paying CB and doctors and dentists and all the normal things a parent would want to put in place
she replied its only temp he will want to come back to me- well that is 8 months ago now
i have activly encouraged Cahms and step 2 and family/parent mediation in the best interest of my son but continually my ex doesnt participate or puts it down and tells my son who then gets angry and doesnt enagage- he is now discharged from services as he didnt go or was not encouraged by my ex
real question is-he resides with me 60% of time when i contacted CMS they said i could not put claim in as i wasnt in possesion of CB is this correct?
I’m definitely no expert, but I suspect that <span style=”text-decoration: underline;”>if</span> you do need to be the named primary carer with HMRC / Child Benefits (receive their CB) you needn’t worry too much, as I suspect that with 60% custody you’d convince HMRC to swap CB into your name. You can find the Child Benefit application form online, use the same one to request the change into your name. Good luck.
In my experience you should only need to inform CMS of the times you have him and they calculate the money based on that. So if you tell them of the times each week he is with you and then mum they calculate it accordingly. Should the times change then you re-inform them and they calculate. I don’t think CB has any effect on CMS payments, but if mum was claiming CB I don’t know how that can be changed. I have my children two thirds of the time and receive the CB which all goes on supporting them.
that is common position CMS take, that the child benefit holder is the primary carer. I think only way around this would be to get a court order that states exactly how much time kids live with you. then you can use that to make counter child benefit claim, and then CMS would consider it.
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