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Hi. My son who is now 16 has moved to spain with his mother. He has now left school and isn't in any sort of education or work. Do I have the right to cancel his maintenance payments now?
Thanks.
Hi there
Usually maintenance would stop once a child is 16 and not in full time advanced education, or in an approved apprenticeship acheme.
herws a link about child benefit when a child lives abroad, as child benefit and maintenance are linked this might be useful, but I would advise you speak to the CSA about the changes.
https://www.gov.uk/child-benefit-abroad
I'm going to move you're thread into the Child Maintenace section in the hope that our CMO expert will be able to give you information about this.
Hello Bbbaz1
If you have a family-based arrangement in place with, you may wish to try to discuss and negotiate when your payments would end the other parent. Although family-based arrangements are not legally enforceable, parents can decide the terms of their agreement to suit their current circumstances, as there are no strict rules or formulas to follow. It can include money and other kinds of support, for example providing school uniforms, toys, clothes.
The Child Maintenance Options website has a useful tools and guides section that you and the other parent may find helpful when trying to negotiate your family-based arrangement. This can be found at http://www.cmoptions.org.
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.
You may find following link useful that provides further information on when maintenance ends, when Child Benefit ends and receiving Child Benefit when living abroad, https://www.gov.uk/when-child-maintenance-payments-stop.
If you have a case with the Government’s statutory scheme you may wish to contact them directly to discuss your concerns. You will find their details on any letters they have sent you or on Gov.uk at https://www.gov.uk/child-maintenance.
If you have a Consent Order/Minute of Agreement in place you may wish to see what is stipulated within your agreement as to where you stand regarding your payments. Alternatively, you may want to seek legal advice.
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.
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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