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Hi,
I know all these cases depend on individual circumstances so here are mine.
My 17 year old daughter recently moved out of her mothers house. Her mother is still claiming maintenance off me with our private arrangement and of course whilst I want to support my daughter especially seeing as she started college in September I wonder if it is still the case that I need to pay the full amount now she no longer lives at home. It's not a matter of stopping the payments, I just want to know what I am legally bound to do as her mother is no longer her primary carer. Iv paid maintenance for at least 10 years now and I'm told I have to continue till she finishes her course.
Any advice gratefully received.
Hello Alpolly
As you have a family-based arrangement in place, there are no set rules for you to follow. It is up to the two of you to decide when your agreement ends and whether you continue making payments to your daughter’s mother, directly to your daughter or if you make payments at all.
Legally speaking, if you had a statutory case in place, you could still be liable to make the payments. A parent can still be classed as having the main care of a child, even if they don’t live in the same property. It largely depends on whether your daughter’s mother still receives Child Benefit for your daughter as the two usually go hand in hand.
You can check eligibility for receiving Child Benefit here, https://www.gov.uk/child-benefit/eligibility
You can check eligibility for receiving child maintenance via the Child Maintenance Service here, https://www.gov.uk/child-maintenance/eligibility
If you require further information and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.org
The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation
Regards
William
Hi there
Good advice there from William. Who was it that told you that you had to continue payments until she left college?
With a private arrangement you have a lot more flexibility in how maintenance is structured. Perhaps it would be better for your daughter if you were to pay her directly now that she no longer lives at home. If she has moved in with a grandparent or other family member they may make an application to the CMS for maintenance....it does depend on who, if anyone is claiming child benefit for her.
Best of luck
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