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Have found out from my elder son that my youngest son has not been going to college for the past 2 weeks or so, where do I stand with this? Do I still have to pay child maintenance even though my son is only attending college semi regularly? Understandably I don't want to pay maintenance for my son to sit around doing nothing , thanks
Hi,
Do you have a private arrangement or do you pay via CMS? If it is private then I suggest you discuss with your ex partner and ultimately it’s up to you whether you keep paying. If it’s via the CMS then it’s harder.
It’s unlikely the CMS will be interested in a break in education of a couple of weeks. Your son will be entitled to a break in education if he is ill or bereaved or for any other reasonable excuse. The CMS will accept any excuse and to be honest probably won’t even investigate.
Best thing to do is leave it for a few weeks and gather whatever evidence you can in the meantime to prove he isn’t attending. Once he has been out of education for a while longer then it’s harder to get a reasonable excuse for non attendance. Also, the college is unlikely to take him back if he has had a big gap in education.
You then need to report the change in circumstances to the CMS and send them whatever proof you have. If you don’t have proof and your ex partner tells the CMS that he is attending then they will just take her word for it and won’t investigate further other than check if child benefit is still in payment.
What is your son studying at college? If it is an advanced level - (hnc, hnd, degree) then you may no longer be liable for maintenance.
Good luck with it.
Hi, my ex has now admitted after me confronting her that my son is not going to college, he has completely stopped, he is now 17, it is my understanding that I am no longer legally liable for child maintenance is this correct
hi,
yes if he is not in full-time (non-advanced) education you should not be paying maintenance. do you have private arrangement? if you are paying through CMS then its usually difficult to prove.
Thanks for the clarification , is a private arrangement (money not collected by csa but paid by myself by bank transfer) is a relief to know as my ex kicked off with the verbal abuse as soon as I mentioned it so I didn't want to stop paying only to find out I still have to pay.
If anyone can clarify about the claim about jobseekers being only for people over 18 that would great (not that it changes anything just for my informatio)
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