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Hello everybody..
I have just received a CMS letter for direct payment calculated on my salary.
I had a private agreement with my Ex (Divorced) which has been running for the last 2 years with no problem.
When we separated for divorce we decided to sell the house. We were in a lot of debt for various reasons, but mainly due to my job hitting a big down turn and being out of employment for long periods of time and my ex had never worked.
I decided to split the house sale 50/50 and I would take on the debt and pay it off with my share as I wanted her and my two boys to be ok. We had a verbal agreement ( me being a gullible fool ) that I wouldn't pay CM. My boys were 15 and 17.
The debt was just over £30k which practically wiped out my share of the property sale.
My Ex managed to get a council house, and went back to work...
However within 2 months she decided she wanted CM. I then realised how stupid I had been with believing her and found I never had a leg to stand on..
We came to an agreement which I have paid diligently for the last 2 years. My eldest has just turned 19 and at University and my youngest has just turned 17.
This CM letter I have received is going to literally cripple me and having worked out my outgoings , can either pay petrol to get to work each day and not eat or quit my job and live in a box.
However, this is where I need some advice...
My ex has a council house in her name where my 17yo is staying.. But she is actually living with her new partner 450miles away and working there. She comes back once every 5/6 weeks and does bank work for a week and then leaves again. She has been doing this now for almost 8 months.
My son being 17 loves the freedom. I live only 25miles away and have been going back and forth making sure he is ok and usual dad stuff..
My question is... Does my ex not have to actually be staying with him to claim CM...
Thank you in advance for any advice..
hi, far as I am aware you would have to keep paying as long as child stays in full-time education (non-advanced)
https://cmsas.com/2022/03/09/what-age-does-child-maintenance-stop/
Is your younger son still in education? If not i dont think you need to pay cm. You dont need to pay cm for your son at uni.
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