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Hi All,
I find myself in a bizzare scenario. I was paying maintenance for my son now 20, and my daughter now 18 for the past 14 years. When my son started Uni 2 years ago, I had a verbal agreement with the mother I'd pay for a further 2 years.
During that time, my daughter dropped out of college and started working and she left home. She went back home and started working for her mum's business. She then left home again and has just enrolled in a new full time college course.
The 2 year maintenance agreement finished last month and this month the mother is being abusive and threatening, demanding I reinstate payments immeadiately.
I believe I have no legal obligation, but wanted to check. I'll probably enter into a new agreement to cover my daughter, but believe it is a goodwill agreement and not mandatory.
Any help would be appreciated.
Hi and Welcome to the forum,
.
If your daughter hasn't returned back home to your ex's house, I'm not sure if you would still be liable to pay, well the mother at least, there may be a morale obligation to pay your daughter directly though, I would give CMS a call and ask for some advice as although your daughter is back at college making her eligable for CMS if she isn't living with your ex, I can't see that you should be paying her if that makes sense. I'm pretty sure that as your son is now 20 he falls outside of CMS rules but they can confirm this.
.
If CMS confirm that you aren't liable to pay, it doesn't stop you from paying your daughter or your ex, if you wanted too, but having confirmation will help you to sort things out.
.
GTTS
Hello Mr Try Hard
Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.
For further information on when maintenance ends and what courses are classed as full-time non-advanced education, you may find the following link useful https://www.gov.uk/when-child-maintenance-payments-stop.
Child maintenance is generally paid to the parent with the main day-to-day care of a child and who is in receipt of the Child Benefit. I have included a link below on who is eligible to claim Child Benefit that you may find useful, https://www.gov.uk/child-benefit/eligibility.
For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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