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Hi Guys,
Looking for some advice if that's OK...
I divorced back in 2014 and started paying self-agreed child maintenance immediately whilst my daughter was as school and then at college. She dropped out of college when she turned 18 after which i stopped paying. She had also at the time unofficially moved out of her mothers house and in with a friend and started a full-time job which she still has. In this time i got a mortgage on a house together with my new wife which we now live in.
My ex-wife told me yesterday that my daughter has moved back in with her and is going back to college in September full time! And that i will need to start paying the payments again. My daughter will be 19 in December.
I have (or thought i had) a good relationship with my daughter but she never mentioned giving up her job and going back to study. In fact she told me recently she's getting a flat together with her boyfriend.
Am i obliged to start these payments again? I can't afford it since getting a mortgage.
Any help appreciated, thanks.
Richie
If she is back at college, then you are liable for maintenance payments until she turns 20.
I think my best advice is that you insist on proof of her going back to college before agreeing to pay the maintenance. Your ex does have the option to apply to CMS, in which case they will come after you and you will be liable for maintenance from that point on.
Hello RichieB
As previously mentioned, child maintenance payments should be paid up until a child is 20 if they are in full-time, non-advanced education and therefore eligible for to receive Child benefit.
So, if your daughter is indeed returning to college, you may be required to resume maintenance payments. The amount of the payments would be based on your gross income and not on your outgoings. Even if your daughter does live with her boyfriend, as you mentioned she might, your ex-wife may still be eligible to receive Child benefit for her and therefore to also receive child maintenance from yourself. You can view the rules for eligibility for Child benefit here, https://www.gov.uk/child-benefit/eligibility.
If you would like any information about the different ways that child maintenance arrangements can be set up 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 website, ‘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 https://www.sortingoutseparation.org.uk/
Regards
William
Thanks William, appreciate you taking the time.
If she is back at college, then you are liable for maintenance payments until she turns 20.
I think my best advice is that you insist on proof of her going back to college before agreeing to pay the maintenance. Your ex does have the option to apply to CMS, in which case they will come after you and you will be liable for maintenance from that point on.
Thank you.
I'll add to that - if CMS do contact you, then ask them if they can get proof she is back at college. Nothing to lose by trying this, it might be a deterrent to you ex if your daughter isn't actually returning to college.
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