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This has probably already been asked many times but I can't find my answer on this forum.
I am the non resident father of a now 19 year old daughter.
I broke up with the mother of my child about 18 years ago and have been paying child maintenance through the relevant systems ever since.
I was led to believe that as soon as my daughter turned 19 her mother was no longer available to claim child benefit for her, as the 19 year old is no longer a child.
And when child benefit ends so does the requirement for the father to be responsible for paying child maintenance.
Can anyone clarify if this is correct or am I barking up the wrong tree entirely?
Many thanks in advance.
I believe it was 16 years old as long as the child is no longer in full time education?
It says so on here.
Hi,
I asked this on my call with CMS this morning, I was advised until child reaches 16 or until they reach 20 if they continue in full time education studying upto A Levels or equivalent.
Usually a child will do A Levels or equivalent from age 16 to 18 but they may have to retake GSCEs (or equivalent age 16 to 17) and then start A Levels at age 17 through to 19 and potentially retake another year of A Levels taking them through to age 20. That's how it was explained to me.
If they go on to study anything higher than A Level after age 16 then no CMS is to be paid.
Hope this helps.
Thanks
Many thanks for the two updates.
As I have no contact with the child nor mother, I have no idea what the child's education is currently. I just chose to abide by the CMS as out of fear of being prosecuted. All I can say is, her mother would be very underhanded when it comes to claiming benefits she wasn't entitled to. So should I contact child benefit or the CMS myself to check if everything is still as it should be, or just wait until notified?
I just feel if I wait, then CMS will just carry on oblivious.
I contacted child benefit and they won't discuss anything with me as I'm not the PWC although I know her name and d.o.b
May just contact CMS and see what the update is with them directly. All I know is I'm still paying, although I've had no contact from CMS for well over a year or 2 now :/
I'm not 100% on this but I believe the advice is to call CMS and inform them that you do not believe your daughter is in Full Time education at A Level or equivalent and request that you stop making payments. As a result of this they will need to enquire with your ex and establish what your daughters situation is.
Now whether they do this by just speaking to your ex or asking her for proof I'm unsure and potentially another poster can advise.
If it is just by asking her then in my original call I would also suggest that I want them to obtain proof and hold it on file (although appreciate they may not be able to supply it to me) and so that when asked in future they can confirm to me they hold proof on file.
Not sure if they would confirm what course and where your daughter is studying to you after all she is an adult in her own right but as long as they have proof and are satisfied themselves (I know they can be incompetent) i guess we just have to keep paying.
I'm also not sure if it transpires you should have stopped paying how and whether you can get a refund.
Thanks
Any updates on your case Shaun?
I am in a similar situation except that I know for a fact that my daughter is not in education; she's just finished GCSE and wants a year off in case she gets covid!! This is because the mother has got her terrified of it and won't let her out. I told her to move in with me so she can go to college but she's too scared.
I'm going to ring CMS on 1st Sep to inform them but not sure if the mother will just lie to them so that I keep paying. I don't know how thorough their checks will be but wouldn't be surprised if they just take the mothers word for it.
Would be keen to hear what they said to you.
How old is your daughter? If she's under 18, she can't just take a year out as far as I am aware.
https://www.gov.uk/know-when-you-can-leave-school#:~:text=England,for%20example%20at%20a%20college
@CoolDad80 they told me it's until she is 20.. she turned 20 yesterday 🤣😂 so I'm calling them again tomorrow to ensure its all ended lol
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