[Solved] Child Maintenance When Child Not in Education

This applies in England as well. The tribunal that the Citizens Advice link takes you to was held in Birmingham

My earlier optimism that I would get justice was premature as I have lost the Tribunal unfortunately.

I don’t understand why i’ve lost. It really doesn’t make any sense to me. I managed to get loads of proof he wasn’t at school but they still apparently believe he is a qualifying child.

If you don’t agree with the Tribunal judgement you need to write to them and ask for a ‘statement of reasons’ which I have now done. Once I review the reasons I can appeal if there is a legal error as long as I do so within a month.

I’m trying to remain positive but I’m gutted to be honest. I know it sounds bad but I really just wanted to get a clean break and move on.

Who would have thought chasing girls as a 17 year old boy myself would mean me still paying for my stupidity almost 19 years later!

Update on my case. I got a statement of reasons and didn’t agree with the decision.

I appealed to the first tier tribunal and they refused. I have then appealed to the upper tier tribunal and have just found out that they have agreed with me and overturned the decision of the first tier tribunal. Unfortunately, they haven’t re-made the decision and the whole thing needs to go back to a first tier tribunal.

18 months later and I am back to the beginning and starting over again.

This system is shockingly slow.

hi,

wow this is madness. hope it works out for you in the end.

Well done Jellybean..

Due to the age of this thread I hadn't come across it. However I have noted the two cases referenced should I need to go through this process in 6 years time myself.

I have posted on another thread my thoughts as to whether if one has a water tight CAO there is any mileage in reporting the fraud to the police as Fraud by False Representation. As ultimately the ex is attempting to obtain CMS by fraud. Plus there is a legal duty to inform CMS of correct information which is a criminal offence not to do so.

However, I also think potentially a letter from a solicitor to an ex stating that one believes the CMS (and potentially CB) is being claimed for fraudulently and will be reported to DWP and Police as such may encourage a % of exes to close the CMS claims. Maybe???? lol

Great that you have persevered!

wow, thanks for coming back to us with this

Further update:

I have managed to win the second first tier tribunal . In summary - lost the first first tier tribunal, won the upper tier appeal and won the second first tier tribunal.

Hopefully this shows it can be done. I didn’t use a lawyer so the appeal process has only ever cost me my time and maybe around £30 in postage costs.

My case has now been sent back to the CMS for recalculation of what I should have paid. Probably doesn’t mean I will get money back from CMS unfortunately.

Whatever my shortcomings as a dad I did at least pay my maintenance payments on time and in full. Never missed a single payment and had no arrears when my case was eventually closed last year. I believe I was forced to over-pay by thousands of pounds. Let’s wait and see how the CMS calculate this. I have a feeling they won’t play fair but we will see.

Funnily enough this might now mean that the CMS has to chase my partner for the money. I wonder how she will feel with them chasing her now!

Excellent result. Will be interesting to see how you get on getting the money back.

My ex had to pay me maintenance as I had the children - when my daughter left education, she made a single month overpayment as she didn't cancel the standing order - CMS made it very clear to me they would persue me for the money back (including taking me to court) if I didn't return the money - was about £150 - including taking me to court if necessary, so I'd make sure you keep on their case about it to recover the money. You could alternatively potentially sue the CMS for the money (after all, it's their negligence), and then it's in their interest to recover the money themselves from your ex.

I have an 18 year old daughter who lives with her mother. She is not in further education or training.
She works three days a week in a local department store earning £9 an hour.

I have been told that because she works less than 24 hours a week, is under 20, then she is technically still a child and I should still pay CMS payments.

Is this correct ?
(There was a similar query in another thread but it is now locked )

Any info greatly appreciated.

hi,

do you know if your ex is still receiving child benefit? child benefit stops when child is no longer in education (approved) or training.

or perhaps your ex applied for an extension. there is mention about working 24 hours a week or less, but says child must be 16 or 17:

When approved education or training ends
When your child leaves approved education or training, payments will stop at the end of February, 31 May, 31 August or 30 November (whichever comes first).

Apply for an extension
You could get Child Benefit for 20 weeks (called an ‘extension’) if your child leaves approved education or training and either:

registers with their local careers service, Connexions (or a similar organisation in Northern Ireland, the EU, Norway, Iceland or Liechtenstein)
signed up to join the armed forces
Apply for the extension online, by phone or post.

To qualify your child must:

be 16 or 17
work less than 24 hours a week
not get certain benefits (for example Income Support)
You must have been entitled to Child Benefit immediately before they left the approved education or training and apply for it within 3 months of them leaving.

https://www.gov.uk/child-benefit-16-19#:~:text=Your%20Child%20Benefit%20stops%20on,tell%20the%20Child%20Benefit%20Office.

Thanks for the reply.

No training, no extension, no benefits, no schemes
Other info -
Mother earns @£40kpa
Child earns £202.50 per week

This is the exact wording from the CMS -

For Child Benefit purposes a child is a child if they are aged under 20, Child Benefit is still payable and they are in full time, non advanced education.

However, if Child X is working less than 24 hours per week she is still classed as a child until she turns 20 or works more than 24hours per week, Child Maintenance is still due to be paid by the paying parent in this instance.

However, she would cease to be classed as a child if her hours of work were more than 24 per week. We would need to be notified if this occurs.

Then it is signed off by the same squiggle all messages are,no name, just titled the "Client Services Manager Child Maintenance Service"