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Hi All
I have been paying child maintacne to my ex partner since 2007 when we split. I have 2 sons with here and she was claiming that my oldest was in college and claim money off me for months until I found out he had been kicked out of college and had to raise a fraud cases against her, no I think it has started again with her. My youngest son with her was 16 on dec 2017, he was due to leave school in July 18, I thought that was the end I would need to pay her. it came and then Maintenance payments stopped in Sept 2018 as child benefit was not being paid, then suddenly they started a week after and the child maintenance said child benefit had been reinstated again. I have contact the special school my son attends and they have advised me that he is on a Post 16 provision at the school to re-engage him back into education and also to help him with his social skills. I have researched a post 16 provision , and on the GOV.UK site states that post 16 provision is not classed/seen as being in education by the Government. I've told csa this and also sent them emails from the school that state this and also his attendance which is 3 days a week and he is only attending one day a week on average . and they say child benefit is being paid and you still have to pay. any help from you lot would be great.
CMS do base the your liability on the fact that child benefit is being paid, so as long as that is the case, then I'm afraid that CMS will continue to say you are liable. As far as I am aware, there is now a requirement that a child remains in education until age 18 (there are certain exceptions) so I am assuming that the re-engagement is part of this.
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