[Solved] When do I legally stop paying CSA.

Hi Patrick

This should hopefully help: http://www.dad.info/dad-talk-forum/legal-eagle/12571-child-maintenance-options-are-on-the-dadtalk-forum#17396

Hi I've had a look at the below reply but still have a query (sorry!) My son turned 16 in June 2012, he went to college for 2 days and then dropped out, he has not intention of going back but I assume my ex will not have mentioned this to the Child Benefit people (I assume thats CHB?) Also he currently is not working, does that affect payments?
Where does that leave me?
BB

Put very simply, under Child Support legislation you must pay child maintenance for your child if they:

•are under 16 years of age or
•are under 19 years of age and in full time non-advanced education or
•are under 19 years of age and CHB is in payment in respect of them

"Non-advanced" education means "A" level or equivalent.

The CSA will tell you when your payments should stop - until then, I suggest you to keep making your payments in-full and on-time so you don't go into arrears.

Your son's mother is legally required to tell the CSA if and when your son leaves full time education (A'level or equivalent) and/or child benefit is no longer being paid. Once the CSA are informed of these changes, they will tell you when payments can stop.

I've had a quick look at the child benefit regulations:

Your child leaves education or training in the year they turn 16

If your son has stopped qualifying for Child Benefit, I'd contact the Child Benefit Office and have a word as to when child benefit would stop. If it has been overpaid, then I'd contact the CSA and tell them the situation. You could then, at your own risk, stop paying maintenance, but pay the money into a savings account - at the worst, the CSA may come after you for arrears, and you would have the money ready to pay them.

Just a follow up question ...... Not sure if the rules are different due to me living in Scotland but ... My son will turn 19 at the end of June 2013, he is currently doing a 1 year non-advanced course at college which will end at the start of June 2013.

After that I presume he will either get a job, sign on the dole and/or perhaps go on to do an HNC course which will begin at the end of August 2013.

At the risk of incurring the wrath of his mother and asking her if she still gets child benefit from him (she'd probably lie about it anyway),as far as I can see the reasons for child support payment ending seem to state that my son turning 19 and not being in full time non-advanced education would indicate that I should stop payments to her when he finishes college or perhaps his 19th birthday?

I currently pay monthly via a private arrangement agreed between both of us, she did go to the CSA originally but that was mainly to find out how much I should be paying, I have paid this faithfully for over six years without any problems.

Thanks in advance.

I would say that the rules above apply. I would say you have two sensible options - you stop paying and put the money into a savings account to see what happens, or you do the above and additionally, ask the CSA to take the case and see what they say - that way you're pre-empting your ex and the CSA will tell you if they won't take the case because it's not applicable.

I found out today from the college he attends that his course finishes on the 17th May 2013 so would I be right in saying that his payments would continue up to the 31st May 2013?

He will be 18 years old and no longer studying at non-advanced level.

I find it a bit disturbing that this issue isnt very clear and can be open to abuse by money greedy ex partners, Ive enquired at several locations including the CAB and have yet to have a clear answer .......

I would say that you are correct, but at the very worst it would be for a further 3 months. Unfortunately, some PWCs see maintenance as an income, not as a means to genuinely support the children.

I've just rung the CSA tonight to ask if I should cancel my direct debit payment next month as this should be my last payment as my son turns 19 a few days earlier than the DD payment date.

I've just been informed that the government changed the rules in December 2012 from the age of 19 to 20, so if your child was 19 before December, then the payments would stop at 19 but if your child (like mine) is only 19 after December 2012 then the payments must continue for another 12 months until he reaches the age of 20 unless he leaves college and gets a job.

i have not received anything in writing from the CSA to advise this change, nor can i find anything on their website clearly stating there has been a change in legislation. It's all as clear as mud!!

Now don't get me wrong, he is my son and I have always supported him and paid my ex maintenance for my him in fact it was me who went to the CSA in the first instance after she got greedy. But he is no longer a child but a young adult and I cannot believe they have increased the age limit. I would much rather pay him money than my ex getting it.

Can anyone shed any light on this change and advise if its correct. Is anyone else in the same boat as me ........frustrated!!!
Thanks

Yes, I'm afraid it is correct - it was brought in to be in line with the age at which child benefit ceases to be paid.

Thanks - at least yours is a straight answer even if it's not the one I want.

I can't believe they can make these changes and not write to us to let us know!!

How times have changed, you were always considered a child until you were 18 not 20.

If the 19 year old was doing an advanced course at college or Uni OR signing on for jobseekers etc then child benefit and child maintenace payments would stop.

Am I correct or have they changed that also?

I was looking forward to my 15% pay rise in June aswell :boohoo:

I'm not sure about that, you would need to check further.

As far as I am aware, you still have to pay maintenance up until the 'child' is 20 years old if the PWC is still claiming child benefit, the child attends college 16 hours or more a week (I think this is a non advanced course) and is not claiming jobseekers allowance.

As I'm the NPWC, I'm just so frustrasted. Even though I see my son every week I talk to him to try and encourage him to look for work but like majority of young adults, if he can get away with doing as little as possible he will and is. My ex knows all the rules and is not encouring my son to look for work because he goes to college for just over 16 hours (18 to be precise) a week and she says there aren't any jobs out there. Well there definately isn't if you don't look for one.

She knows that if he gets a job, she will lose the child benefit and maintenance payments from me and is unlikely to be able to ask my son for the same amount in keep. Whilst all this is going on, I'm worried my son is being taught the wrong work ethics.

But hey, the government knows best...............

Do you know what would happen if he got a small part time job or joined the TA for example? How much is he allowed to earn?

It might be worth having a word with the benefits office to see what their rules are on paying child benefit, ie how many hours he has to work before it stops. Your ex is creating a rod for her own back - when he hits 20, she's suddenly going to have to support him.

Hi i know i have to pay until my child is 20 but for the last few months my child has not attended education the mother still claims child benefit. Ive informed csa but they say while she claims we still have to pay. The csa take the mothers word that the child attends and they do not do any further checks, they said we have to ring the child benefit fraud line this is fine but the mother has moved and not passed on her new details to us. We have then contacted the school who will not give any information, my question is as a supporting father can i request an attendance record from school ?

...If you have Parental Responsibility then you are entitled to get information from the school. If your child was born before December 1st 2003 and you werent married, you will not have Parental Responsibility

If i were to go through a solicitor would they be able to recieve this information. I just want proof that while im paying for my child she is actually attending education because i know that she is not and has not been for some months. I can not understand why the csa do not request proof of attendance its clearly allowing the mother to lie and claim money from the state as well as fathers. We have to give solid proof of our earnings the csa will not just take our word for it the system is one sided.

Getting the information you require all hinges on whether you have Parental Responsibility or not, if you have it the school is duty bound to give you the information. Have you tried telephoning the Education Department they may be able to help, its worth a try. A solicitors letter might work, but again if she ignores it theres not a lot you can do to enforce it.

Do you have PR?