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Private Maintance A...
 
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[Solved] Private Maintance Advice, Please help

 
(@Leesakk)
New Member Registered

Hi,
I'm not Dad but posting on behalf of my partner.

His son will be 18 in January. He left a 1 year NVQ level 1 course this year. He is currently not in education and says he is looking for a job, part time or an apprenticeship ( he has applied for 1 but no luck ) He is thinking of going back to college next year.
We have a private maintance agreement with his Mum.
Currently still paying her.
Can anyone tell me if or when this stops?
I cant get hold of CSM or CB to ask.
I know maintance is payable while CB is but we dont have communication with her and his son doesnt see us or really talk to us much so we have no idea if she still gets CB or if we should be paying still.

Thanks to anyone that can help. We are struggling to pay now given the covid issues and reduced hours at work.

Quote
Topic starter Posted : 31/10/2020 4:42 pm
(@dadmod2)
Illustrious Member

hi,

i think as he is out of college now and looking for work, your partner could stop maintenance payments. maintenance should be paid if he is in full-time education, doing minimum of 12 hours a week. if he will be on a paid apprenticeship, then should not be getting maintenance. your partner has lot of flexibility on this as its a private arrangement. alternatively he could reduce the maintenance, as he is working less hours due to covid.

the child benefit rules pretty much apply to child maintenance:
https://www.gov.uk/child-benefit-16-19#:~:text=Your%20Child%20Benefit%20stops%20on,you%20to%20confirm%20their%20plans.

ReplyQuote
Posted : 31/10/2020 4:59 pm
(@Leesakk)
New Member Registered

Thank you. It is so confusing because he isnt in education but isnt working either and I guess not recieving benefits as too young. Everything I read doesnt say what to do if 17 and not working or in education.
I just dont want to risk stopping and her contacting CMS and then we get stung with arreas and their fees as well but we are really struggling at the moment. She wont accept a lower payment from us either.

ReplyQuote
Topic starter Posted : 31/10/2020 5:30 pm
(@dadmod2)
Illustrious Member

Your Child Benefit stops on 31 August on or after your child's 16th birthday if they leave education or training. It continues if they stay in approved education or training.

you can use the CMS calculator and enter the reduced income amount, and pay that to ex. https://www.gov.uk/calculate-child-maintenance.

if she is not happy about that, she can open a case with CMS. They may be hesitant to open a case due to child's age. if they open one, then they will calculate based on your partners current income. so his ex will likely get the same amount as worked out in that calculator. CMS will not be asking for arrears payments. if case is opened with them e.g. start of december, they do not ask for arrears or back-dated amounts prior to the december date of registration.

but I agree that CMS getting involved now will cause more stress and headaches.

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Posted : 31/10/2020 5:44 pm
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