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Who Gets Child Benefit in Child Custody in Scotland?

May 22, 2024 Family Law

If you’re going through separation or divorce, child benefits can be extremely beneficial in supporting your child. These benefits include financial assistance. 

Having child benefits can help ease the financial burden, ensuring your child’s well-being is maintained during this challenging time. This also provides peace of mind for the primary person responsible for the child, knowing that you can support your family’s needs.   

In this blog, we will explore various aspects of child benefits to showcase the impact this can have on families separating or going through a divorce. 

Blog Contents:  

  • • Who Qualifies for Child Benefit?   
  • • Which Parent Is Entitled to Child Benefit?   
  • • How to Apply for Child Benefit?  
  • • Understanding Child Benefit Payments  
  • • Child Benefit Laws and Divorce  
  • • Frequently Asked Questions  

Who Qualifies for Child Benefit?  

Child Benefit is a form of financial support offered by the government to parents or guardians to assist with the cost of raising a child. However, only one person can receive this benefit per child. To be eligible to get Child Benefit, you must meet certain criteria, including being responsible for the upbringing of a child under the age of 16, or under the age of 20 if the child remains in an approved education or training. 

It is important for parents or guardians to understand the eligibility requirements for Child Benefit. When it comes to shared Child Custody, the benefit may be allocated to the parent who provides the majority of the child’s care, or parents might agree on an arrangement that suits their particular situation.  

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Which Parent Is Entitled to Child Benefit?   

As previously mentioned, the individual eligible for Child Benefit is usually the one who resides with or predominantly cares for the child. This typically means that when individuals get a divorce, the custodial parent will continue to receive the benefit.   

It’s crucial to understand that Child Benefit is determined by the income of the parent and this could affect the amount they receive.  

Parents going through a divorce or separation should fully understand their rights when it comes to Child Benefits. By doing so, this will equip them better in order to support their child’s needs during this period. Jones Whyte can offer expert guidance on this matter, helping parents receive a greater understanding of the Child Benefit regulations and ensuring that they meet all necessary criteria.   

By working with Jones Whyte, you can ensure that your child’s best interests are always prioritised. Our experienced Child Custody lawyers will be able to help you through the process, providing you with peace of mind, knowing that you are doing everything you can to secure your child’s future.   

How to Claim Child Benefit?  

At Jones Whyte our experienced Child Custody lawyers will guide you through the process. We can assist you not only with the application process and eligibility requirements but also with understanding the impacts of changes in income or custody arrangements. Additionally, we can help you with any other Family Law matter.

Understanding Child Benefit Payments  

Child Benefit payments are usually issued every four weeks. However, the amount can vary depending on the number of children in your household and the income of the custodial parent. If the parent or guardian has a higher income, they may receive a reduced amount or may not be eligible at all.  

If you’re going through separation or divorce, Child Benefit payments can provide essential financial support for your family.  

Child Benefit Laws and Divorce  

Child Benefit can have significant implications for married couples going through a divorce, especially if the child lives with both parents for a significant time. Deciding who should claim Child Benefit can be challenging. Only one individual can claim Child Benefit for the same child even if there is equal responsibility. 

When making the decision of who will be claiming Child Benefit, it is important to address with the other parent various factors, including your incomes, living arrangements, and contributions to the child’s upbringing. 

It is important to seek legal advice to understand the pros and cons of Child Benefit when going through a divorce. For more information, contact our expert Family Law Team today.

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Speak to one of our experienced child custody lawyers, and get responsive, clear, and straightforward legal advice and support.

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Contact Our Divorce Lawyers 

Overall, determining who receives Child Benefit in cases of child custody involves careful consideration, as a number of factors can have an impact on this. Get in contact with our experienced Family Law Team if you’re looking for more information or would like to start the process. Jones Whyte can help ensure your child’s best interests are put at the forefront and any issues are addressed effectively.  

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Speak to one of our experienced child custody lawyers, and get responsive, clear, and straightforward legal advice and support.

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Frequently Asked Questions  

Do you need a Child Custody Lawyer? 

It is always beneficial to find a skilled lawyer to help you with legal matters and support you to make sure everything is in order. When facing Child Custody proceedings, a Child Custody lawyer will significantly enhance your prospects of receiving the outcome you desire. 

Is claiming Child Benefit straightforward?  

In particular cases of shared custody arrangements, it can be challenging to decide who will receive child benefit. However, if you are able to communicate openly with your ex-partner, this process should be smoother. 

Can I change who claims Child Benefit?  

It is important before you apply for Child Benefits that you both agree to who will claim this.  

What happens if we can’t agree on Child Custody? 

At Jones Whyte, we have extensive experience dealing with matters relating to children where parents cannot agree with whom the child should have their primary residence. Get in contact with our Child Custody lawyers today if this applies to you.  

What happens if I earn more than £60,000 per year? 

If you (or your partner) have an income of more than £60,000 per year then your Child Benefit may be affected by Child Benefit tax charge. 

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