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My ex is demanding half of my child benefit – is he entitled?

20 May 2013 by Joanna McMahon

Hi i have been split up my my children father for over 7 years now . we share the children 50/50 and have done so for the last 4 or so years . he has the family home which he as a mortgage on also a partner who also works and has a child.

he has his own company and employs one or 2 people he is a good father and provides for the children clothes ect . but does not allow them to bring any items he has got them to my house when it is my time.

i work full time also on a basic wage and rent a house from a housing association. i pay full rent and council tax and also run a cars well as well as provide half of all the trips and things the children need for school (uniforms) ect i do receive working tax credit and child tax also the child benefit which to be honest without this i would not be able to make ends meet. my ex had asked me for half my child benefit as he said its out of principle that he has this as he has our children 50 per cent of the time.

i have never asked him for any additional money since we separated and have never had any either. i have said this would have a knock on effect to my budget as i rely on this in order to survive. he said my finances are not his concern and if i don’t pay this to him he will take this legal and obtain custody of one of our children in order to get the benefits. i am obviously very upset about this and would like advise as to whether he can actually do this i do not go out nor do i buy anything for myself as i cannot afford to. all i have goes on my children.

my children are 15 and 11 and i hold parental responsibly for both if this makes any difference

very upset and confused devoted mother

14 thoughts on “My ex is demanding half of my child benefit – is he entitled?”

  1. if his income goes above the £44,000 threshold he wouldn’t be entitled to Child benefit even if he did obtain custody.
    seeing as you have looked after your children without incident since you split, the chance of him getting custody is zero to none anyway. he would have to prove you were incapable, and seeing as you have been doing it on your own for 7 years without him doing anything, he would have to prove this as a resent development, or admit he didn’t care for 7 years.
    i doubt he would be able to force you to give up half your Child benefit. but if he wants to push the issue, let him. he’d only be wasting his money on a solicitor.

  2. Hi,

    I would recommend you call the child benefit people and ask them. As far as I am aware your ex has no right to half the child benefit as your the parent with parental responsibility.

    X

  3. Your ex does seem unfair on this one for sure.As Pasco says you have been a good mother and he’s unlikely to custody.I can’t get my head round him not allowing the kids to take anything he’s brought them to yours???? You never said if you have a partner? He has and she is working so he has even more income coming.its all about fairness….simple as, and I see him as not being fair,bitter perhaps ???
    Gonk

  4. Forgot to mention
    He says it’s out of principal ???? So he doesn’t care about how much it’s would effect your financial situation…seems he really has an axe to grind
    Gonk

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