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[Solved] When does Child Benefit stop
A very useful link (thanks to NannyJane) π
www.hmrc.gov.uk/childbenefit/keep-up-to-date/when-child-aged-16/child-16.htm
Thanks actd....this link appears to be broken here, although its still links in the original post!
Hi does anyone know if child benefit will carry on if my son does a levels & has a job? Thanks
Hi
If he's still in full time non advanced education (ie 12 hours supervised study per week or more), then child benefit is still payable.
Thanx, so does this mean I will still pay Csa? Even tho he will be earning a wage? Thanx
Hi,
I have a 17 year old son who I am currently paying maintenance for. He has left school and started an apprenticeship. Do I still have to pay or should it now stop?
Thanks
Approved training
Approved training should be unpaid and can include:
Access to Apprenticeships in England
Foundation Apprenticeships or Traineeships in Wales
Employability Fund programmes or Get Ready for Work (if started before 1 April 2013) in Scotland
Training for Success, Pathways to Success or Collaboration and Innovation Programme in Northern Ireland
Courses that are part of a job contract are not approved.
Tell the Child Benefit Office if your child is:
staying in approved training
leaving approved training
Your child must be accepted onto the training before they turn 19.
I have copied and pasted the above from the .gov leaflet which you can find a link to in the first post at the top of the page.
You will have to find out if he is on an approved training apprenticeship which as it says is unpaid.
Thanks for the reply.
He is actually being paid about Β£4 per hour. He is working 4 days per week and college one day a week so I guess it's not an approved scheme. Does this therefore mean that I don't have to pay maintenance?
It may well still be an approved scheme - I'd speak to the college to see what they say. These days, some college courses include paid apprenticeships, so I'm not sure where they sit in the scheme.
Hi my son turns 18 in February he is in college I have paid child support to my ex through an agreement as she claims benefits for him when he turns 18 do I still have to pay her anything as I think she will try to say I have not paid anything even though I pay her at the end of every month and also buy him what ever he needs please help with advice
If your son is still in full time non advanced education then your ex is still entitled to maintenance for him. This can continue until he is twenty years old and for as long as the mother is in receipt of child benefit.
Hi. My daughter dropped out of school last year aged 14 and is not studying anything. Do I pay maintenance until she is 16? Thanks
Hi there
Yes child benefit is paid until a child is 16, or 20 if they are in non advanced full time education, as maintenance is linked to child benefit the answer is yes you pay until she is at least 16.
Child maintenance finishes once they start work or complete full time education upto A levels. Contact the CSA and open a case with them. 20 years of age is usually the age when maintenance finishes. I'm just a dad who is working my way through the legal minefield without using a solicitor due to financial reasons.
I am still getting slightly confused. My Son is 19, and has been in full time education so I have been making my payments, no problem. He has now started a Full Time Apprenticeship. I have advised his mother that my payments to her will now stop, but she seems to think I should still pay until he is 20 which is when she has said her Child Benefit will stop.
So, my question is: Is maintenance payable until he starts work or until Child Benefit stops?
Apologies if this has been asked previously....
Hi
Yes, child maintenance payments continue as long as Child Benefit payable, so if your ex is still in receipt of that, then you continue to pay maintenance until age 20.
My son has started an apprenticeship he is working 35 hours a week and being paid Β£6:10 per hour he does not attend college
As all training is on the job. Do i still have to pay the CSA?
Many thanks for any help with this.
Worth reading the link in the original post, but from the way I see it, this does not class as an approved training, so your ex shouldn't be entitled to child benefit - and when that stops, so should your liability for future maintenance.
Hi, I live in Australia and my eldest daughter lives with my ex wife in the UK. My daughter is 16 and plans on leaving school next April to start an apprenticeship. Am I eligible to stop making payments for child support (private arrangement) to my ex wife when my daughter leaves school?
The apprenticeships will probably still mean you are liable to pay maintenance - it depends on the type (I think it comes down to whether its a government approved one, and most are because the companies can get money from the government for doing it, I think). If it's by private arrangement, then you can agree to whatever you want - the best way might be to use the Child Maintenance Service and set up a family based arrangement, if you ex is willing to go down that route.
Hi my daughter is 19 she works full time as a stylist in a salon,do I still pay CSA,I've still being paying would I get any money back if so?
I would say that you shouldn't be paying - worth checking with the CSA. It may be that the mother is still claiming child benefit fraudulently.
Hi there!
I am new on this forum and have a question in the light of recent change in child age limit from 19 to 20.
My child is 19 and will be 20 this September 2016. He has finished his full time education last July 2015.
Now he is working part time jobs, not so often thou and he is not in any kind of education. His mother is running her company and they are both well situated.
So far I've heard various cross directional opinions about my continuation of maintenance payment.
Ambiguous and partially withheld answers from the CSA aren't convincing me.
Can anyone please, clarify my position, when the child maintenance should stop in explained situation?
Many thanks.
Hi
Child maintenance is paid until age 16, or 20 if the child is in non advanced, full time education, which also includes some approved apprenticeships.
If your son left education last July and isn't on an approved apprenticeship, then payments should have stopped in September. If the mother is still claiming Child Benefit this may be why your payments haven't stopped.
If you feel that the CSA have got it wrong they have a complaints procedure and you can appeal any decisions that you disagree with.
Hi all, any advice would be welcomed.
I have not seen my 2 girls for 18 months, my ex has told them incredible lies about me and she is clearly affected by Parental Alienation Syndrome www.parentalalienation.org.uk
Please can you pass the website above to as many people as you can, this is a real affliction and awareness of it in the UK is almost zero.
I have been paying Β£1400 per month in child maintenace for my girls who are now 18 and 14. My 18 year old was removed from the CM calculation in August this year, however I am almost certain that she had a job since August 2014 and I was still paying CMS.
CMS will not look in to is as they say my ex was in receipt of Child Benefit, so CMS was still valied, Child Benefit will not speak to me about it, does anyone know how I find out if I have overpaid and she has been claiming CMS fraudulantley?
Any advice would be appreciated.
Hi
Unfortunately, the only one who can check if she is claiming fraudulently is the Child Benefit Office and they have a bad record of looking into these things, and even if they did. they wouldn't share the information with you anyway, so there's not great deal you can do, and even if you could find out, you would be extremely unlikely to be able to claim back overpayments. The system is extremely poor in that there is virtually no discouragement for the resident mothers to claim fraudulently.
Hi , my 19 year old son is just finishing his 2 year at college and is studying towards an HND in drama, he is making no effort to getting some part time work during the summer and I feel the only way to encourage him is to stop his payments, I am happy to keep paying and will put the money aside for the time being but ,as you can imagine his mother who I pay the money to is not best pleased so what is my legal standing giving that he is 20 in December and studying for an HND which by government standards is advanced education.
Hi there
If you have a family based arrangement it is up to you both to negotiate a payment schedule and the CSA rules are usually used as guidelines to work out a fair settlement. CSA guidelines state that if your child is in non advanced, full time education then you are expected to pay CM at a percentage of your income. The cut off point is when a child leaves education or turns 20, whichever comes first. Once a child leaves, the payments continue for a few weeks afterwards to allow for transition, so if a child leaves education in July the payments would continue until the beginning of September.
In December his mothers entitlement stops anyway, it might be better to compromise and agree to pay until September in the interests of fairness.
All the best
When my son reaches 16 can i pay him direct.I dont use the CSA.I have a private agreement with his mother
Maintenance should be paid until the age of 20 if the child remains in full time non-advanced education.
You can only pay it direct to your son if the mother agrees to this. If she doesn't, she can open a CMS claim for the maintenance if you refuse to pay her.
My daughter turns 18 in July, she also finishes college in July and wants to go onto uni
Is uni classed as a full time non advanced education, if not, do my child maintenance payments stop in September?
Hi there
Uni is classed as advanced education, so maintenance should stop. Generally, even though she finishes in July, payments will continue until the beginning of September, to allow for transition.
However if you pay through the CSA and the mother doesn't inform them or the child benefit office of the changes, you might find you will be expected to continue paying. It might be a good idea to contact the mother to clarify.
All the best
My daughter is 19 in October and works full time. She does not go to uni or college and currently I pay her mother monthly as I have done every month since I left them in 2010. I am wondering when I can stop paying her mum.
Hi there
Is your arrangement just between yourselves, or through the CSA?
If it's a private arrangement then it's up to you both to re negotiate the terms of the payments. Generally speaking if a child has left full time education and is over 16 then maintenance no longer has to be paid.
However if your Arrangement is via the CSA then it would be up to the parent that opened the claim with them to contact them and report the changes. If the mother has continued to claim child benefit and not reported any changes, the CSA would expect payments to continue.
Thanks for the reply. My daughter left schoool at 16, despite doing an apprenticeship she has quit them and is now working full time. She still lives at home with her mum (and mum's partner) and my daughter drives too. We haven seen each other only once this year and my feeling is what am I paying for? Her mum is a headteacher, the partner works as does my daughter.
The arrangement was made between myself and my daughters mum and I've always paid over what I should anyway. I just feel the time is right to stop and certainly reduce the payments. I feel a little guilty doing it as it was me that left them 6/7 years ago but I also know that I've paid for far longer than I needed too right?
Hi
Yes you probably have paid for longer than you need to and can stop doing so if you want.
you could pay your daughter directly if you choose to help her out at all
Hi
Ive just been off the phone to CSA to clarify when payments stopped and i can see that it doesnt necessarily end when its either their 18th birthday or when school term ends .It is ifact calculated out into September. However im puzzled now that you say their 20th birthday when the CSA person sais it could go on until their 19th ? which is when i understand child benefit to end although i always thought it was their 18th as technically they are no longer a child after 18 ?Any info you can provide would be really helpful.
Im assuming CSA is for the whole of the UK and not different in England and scotland ?
Any help wold be much appreciated
Regards
I believe it's slightly different in Scotland.
In England and Wales Child maintenance is payable up until a child reaches the age of 20, as long as they're in full time non advanced education, this can include some approved apprenticeships, but not University.
Payments usually continue for a few weeks after the end of term, to allow for a period of adjustment. Hope that helps.
hi my son is 19 and i full time education. But if he get a part time job do i still pay maintenance for him ????
I think he's allowed to work up to 24hrs a week, but not completely sure on that. If you call th CMS they should be able to advise you. However, if the receiving parent is claiming child benefitand you pay through the CMS, then they will expect payments to continue.
my son who is 16 (17 in nov) is finishing school in June, he has no intention of taking any exams or staying on in any form of education and he does not want to go on an apprentice scheme. My questions are:
1. if the above is the case when do my payments cease?
2. if he does undertake a paid apprenticeship do i still pay and till what age?
3. it gets better.. his mother has just recently got married..to a very wealthy individual (multi millionaire!!) and now has given up work and is now a lady of leisure....do i still pay??:boohoo: :boohoo: :boohoo:
Hi there
If your son is finishing all education in June, that would mean that maintenance can stop at the beginninging of September.
However, some approved apprenticeships are covered by continuation of maintenance, you would need to know ehether he is on an approved apprenticeship.
Unfortunately the resident parents income and that of her spouse isn't taken into account by the CSA/CMS when they calculate how much should be paid.
If your arrangement is family based and not through the CSA/CMS it would be up to you to negotiate with the mother when to stop payments.
Hi there,
Just looking for advice regarding my situation any info and guidance would be really appreciated.
Sorry if someone else has already asked the question but I am seeking clarity in where her or not I should actually be continuing paying maintenance for my daughter as no one seems to know the answer (cms or child benefit office) but will only listen to my estranged wife.
I have a daughter who left school in June 2017 after completing her National 5βs exams in Scotland. Initially she joined a local hair dresser and was promised to be taken on as an apprenticeship with private tuition. In October 2017.
In late October 2017 she moved to another hair salon and started a new apprenticeship on a full time basis.
She is fully employed by the salon as a junior stylist and works over 35 hours a week there getting paid Β£140 a week (more than the 24 hours a week meaning she is ineligible to qualify for child benefit which my estranged wife is still claiming).
She doesnβt attend college as all the training (3/4 hours on a Wednesday morning) is provided by senior staff members of the salon - this also doesnβt meet the child benefit eligibility as she would need to be in training / education for an average of 12 hours a week minimum and not paid for by the employer.
The last maintenance payment I made was in December as my daughter turned 16 in November 2017.
I phoned the cms and they were satisfied the case is to be closed and no further payments to be made.
My estranged wife has since called the cms to re-open the case in March 2018 insisting that as our daughter is in an apprenticeship she is still entitled to maintenance payments. They have backdated this request to January 2018. They have now put in a request to arrest my wages to clear the arrears of over Β£1,500 and take payments going forward.
They have sent me 4 letters all of which have been sent to an incorrect address and returned to them.
I have continually explained to them that my daughters employment and apprenticeship doesnβt meet the eligibility criteria for child benefit payments. But as the child benefit payments are still being made I am liable to continue making the maintenance payments.
So basically I just need to know should I still be paying maintenance for my daughter? As I do t believe my estranged wife should be claiming child benefit or maintenance based on the above.
Thanking you in advance for your assistance.
Unfortunately the CMS will work off the basis that if child maintenance is being paid, then you are liable for maintenance. I would report her to child maintenance for fraud, but they aren't know for acting quickly, if at all, unfortunately.
Hi thanks for your response. What is the best way for me to report this to them? What is the best way to prove this to them? Thanks
You could try telling the mother that she is committing fraud by claiming child benefit and unless she stops the claim immediately and informs the CMS of the changes, you will inform the child benefit fraud office. It might frighten her enough to come clean about it. If not you have few options Iβm afraid.
My court agreement states that I need to pay per child ( 2 ) until each child reaches 18, completes secondary education or finishes a first college course or a degree, whichever is later. My daughter has been in college since 16 so now turned 19 can I stop to pay as college courses are no more than 2 years at a time, asking solicitor again costs so much these days, any advice would be great gents.
I would say that as your daughter is still at college, you would probably need to keep up the payments,
A court order for maintenance, differs from using the child maintenance service (CMS) but if you stopped the payments your ex could apply back to court, or to the CMS for it to continue.
If she went back to court itβs likely they would say you still need to pay and make a fresh order. If she opened a claim with the CMS, they would also say that whilst she is attending college, as long as itβs over 12hours a week, she would be eligible to receive payments from you.
A court order for maintenance can decide on a different amount than the CMS. If you wanted to check how much you might be expected to pay through the CMS you can use their calculator to do that, hereβs a link
www.gov.uk/calculate-your-child-maintenance
If the amount is less than on the court order, you can open a claim with the CMS yourself and this would override the court order.
Thanks for the advice, actually this is an agreement made through the court using a pretty poor legal squad on my side . The thing is the definition of completion that has me as my Daughter requires one to one tuition and first thing her Mother did was move her to college without even asking her so in reality what if she tries to keep her there past the 5. Years she is already intended, poor kid does not even get a choice. She has already completed her first course so by the terms in the agreement then I have already fulfilled my obligation to the ex, no ?. Would rather put the money to a third party so I know my Daughter gets it instead of the zero she sees now :boohoo:
As I said, if you stop payments and the mother disagrees and returns it to court, you could even be looking at a larger payment.
As the CMS rules are that child maintenance is paid until 16, or 20 if the child remains in full time non advanced education, its likely the court would agree to a fresh order, as bottom line, she still in education.
Just my opinion though
To be honest, if you think she may go to university, then you could open a case with CMS yourself, as that will then override the court order, which means you don't pay the mother once your daughter goes into university (you could pay your daughter directly to help her through uni, but it's up to you to do so).
Hi not sure how to ask a question on here. My son walked of school in october saying he had left (16 years old and 17 in february). He is now going to go to collage on a introduction to construction course at collage 3 days a week He will receive Β£40-Β£45 per week he is also working 2 days a week to learn tiling and getting Β£30 per day when he is their. I'd rather give him a bit extra instead of giving my ex money as I don't see why I'd give anything to a woman that nearly distroyed me if I don't have to thanks Gogs
Hi there
When a child attends college, that would usually mean that his mother is still entitled maintenance. If she is still receiving child benefit for your son, then you would be expected to continue with payments.
However, as he is getting paid approx Β£100pw Iβm not sure if that would make a difference to her entitlement.
If your arrangement to pay has been set up between yourselves, with no official involvement, then itβs up to you both to negotiate any changes to maintenance.
If itβs paid through the CSA then it would most likely be dependent on whether she is still receiving child benefit. In this circumstance you could give them a call and get clarification of your situation.
Best of luck
Hello Gogs
The information supplied by Mojo is correct, under child support legislation, regular child maintenance payments must be made until your son is 16 years old, or 20 if he remains in full-time (more than 12 hours a week of classroom study), non-advanced education (a course up to and including A-level standard) or for as long as Child Benefit is being paid.
If you have a family-based arrangement in place, which is a non-legally binding arrangement between yourselves, you are able to provide directly to your son, as long as both you and the other parent agree.
However, if you have a case with either the Child Support Agency (CSA) or the Child Maintenance Service, you would need to contact them for confirmation on when payments would stop.
For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: https://www.sortingoutseparation.org.uk/.
Regards
William
Hi There,
looking for some advice, been divorced for some time now, I've paid maintenance for my 3 kids for almost 10 years now.
My youngest left school last summer and turned 16 in September 2018, my ex and I had agreed maintenance for the kids while they were growing up.
Now he is no longer in full time education and legally I no longer need to give her any more maintenance (would rather support him financially directly without supporting her lifestyle). I've continued to keep the payments for the last 6 months.
What happens if I stop making the payments, then he stars going to college in 6 months, do I need to start making payments again legally?
(my ex wife is not to be trusted, there is always a financial angle to be played).
Do you have a private arrangement, or do you pay through the CSA?
I seem to remember reading somewhere that if a child returns to education then payments should restart, but Iβm not 100% on that.
We have a private arrangement, I get the feeling she is waiting for me to stop the payments before pushing him to college purely to get more money out of me.
I'm sick of funding her lifestyle when the money isn't being spent on my son.
Maybe safer not to risk getting shafted.
As you have a private arrangement, you can try negotiating with her, if you want to help your son out directly, maybe talk to him about it too... if she refuses sheβs not putting his best interests first.
Best of luck
cheers,
if you knew my ex wife you would know its not worth the risk lol.
thanks anyway
If heβs not in education, youβre not risking anything if you stop payments, apart from earache! Sheβs not entitled to it... maybe give her a months notice of intent; time to prepare fo the change in finances.
Best of luck with it anyway.
I am going through the same situation at the moment. My son walked out school, so we got him enrolled into collage on a 6 month course which he was to be paid Β£45 a week for attending. He only went 2 to 3 times and has now told me he is not attending it. I have today stopped her payments and I'm going to set up a payment to my son each week. Need to see what my ex will have to say about it
Hi all,
I'm new here and wanted a bit of advice. I have a 16 yr old son who is going to go to harrogate Army College in September.
I havent seen him since he was 3 and I've been paying maintanance every month without fail.
we have had a private agreement and CSA have not been involved for over 12 years.
my question is:
As he will be joining the army college at harrogate and no longer living at home with his mum and he will be earning an allowance/wage, is it fair to say that I am entitled to stop paying child maintenance?
appreciate any help
Many thanks
hi,
some info here:
http://www.sfla.co.uk/endmaintenance.htm
far as i know, if he receives a wage e.g in college course, apprenticeship etc then maintenance should stop.
Hi,
I have been reading many stories on here and elsewhere and hopefully someone can clear it up for me please?
My son left full time education in June at the age of 18. He had a part time job at weekends and since leaving in the June, he did extra hours during the week, most days in fact. Due to this his mum stopped paying child maintenance. I don't get on with her, so don't communicate with her, but she has asked my son for his payslips and is saying he is not allowed to work over 24hrs, a week. Is this correct? He has a contract with his part time job stating zero hours. He has started an apprenticeship now of which I declared with child maintenance and they said she needed to pay the owed money from June to 1st week in September (3 months).... TYA
Not sure I have a full understanding of what is going on here, but if he stopped full time non advanced education in June, then maintenance is payable up to September. If he's in certain approved apprenticeships, then maintenance continues to be payable until age 20.
I was informed that child maintenance payments continue until your child turns 16 leaves school and start full time work, But payments continue up too the age of 20 if your child starts further education too A level or above.
Yes, that's correct - if they stay in non-advanced education (so below university degree course, as a rough guide) or certain approved apprenticeships, then you continue to pay.
Hi,
My daughter is 17, her mum has told me she is doing a HNC. I currently pay her through an agreement we made, as I read it on the government website the HNC is not on the agreed further education list so should I still be making payments.
I have no access to my daughter, I can't even get a photo or email address and have always paid child Maintaince. I contacted my ex to explain the situation and if she knows any different to let me know but she has totally gone off on one when all I asked for was for clarification on the course our daughter was doing as with no communication or way of knowing what education she is doing its only fair and the reply is she is 17 so I pay until her 18th birthday. she would have me paying maintaince for the next 20 years. It's Β£250 into her account every month isn't it, why would she say any different.
I don't mind paying if it's what is expected one bit but they have made it clear I have no part in their life, I am just the man who puts cash into the account.
Many thanks in advance for any help.
hi,
yes from what i see online, HNC/HND are degree level courses and classed as advanced education. I have a feeling now that if you stop maintenance payments, your Ex will make a claim with CMS. then you will probably be stuck with paying maintenance till the child is 20. they seem very useless when it comes to stopping payments over education courses. maybe you should just carry on paying until her 18th birthday to avoid drama and stress for yourself.
also child support laws state that you have to pay maintenance whether you see the child or not.
Thanks,
Why would they make me pay till she is 20 when she is doing a course that is not on the government website list.
I have paid for the past 16 years no problem I just don't want my money going to her mum if she isn't lawfully entitled to it. I can't even get a photo so I could walk past my daughter in the street and not know.
A few more months isn't going to make much difference as she is 18 in June, even then I have no issue still dropping cash to my daughter after this.
I would give Child Maintenance Options a call - I would think that if she is doing a course that doesn't qualify for child maintenance, then I wouldn't think that CMS would pursue you for maintenance, in which case if she opened a case with CMS, she wouldn't get anywhere. Hopefully CMO will be able to be more clear on this.
Hello, Iβve read all the posts and still a little confused. My son is 16 in April, and is leaving school this year to start an apprenticeship. I pay her each month and plan on doing so until September this year. The agreement is between ourselves but we do have a Child Support case which we started with many moons ago. When he starts the apprenticeship do I still have to pay my ex until my son is 20? I know sheβs just wanting money, and I would prefer to use it with my son so we can do more together (football games for example). Thanks in advance as Iβm stuck on this.
I would give Child Maintenance Options a call in the first instance to see if they can clarify the position. Are you paying via CMS at the moment?
No, paying direct into his mums account. We originally set it up with CSA 15 odd years ago, but then agreed mutually between us when I got married to someone else. Been paying via bank transfer ever since.
If you are absolutely sure the CSA case is closed, you could potentially inform the mother that you are stopping paying - she would have to open a case with CMS, and your ex would have to prove that maintenance is actually due.
I'd still give CMO a call though.
Hi my daughter left school in may last year then enrolled in college but dropped out in sept last year now she is not in any education or work do I still have to pay ..thanks
Hi, My daughter is 18 and will finish college in July this year. Then she has now decided to do a BTEC HNC level 4 for 2 years which is not an approved course. Will I still need to pay maintenance? and will my ex-wife's child benefit stop? I just need an answer as I can see this leading to problems... Many thanks for any advice
I would check with CMS, but if this is advanced education, then you wouldn't be liable for child maintenance beyond September.
Many thanks for the info.. I am going to be fair a pay half of the maintenance for 2 years.... Thanks once again
That does seem fair - I must admit, the system is flawed in that respect, in that if a child is still living at home during education, then the parent with care still has expenses such as food, bills etc.
I've found interesting information:
"If your child is planning on attending university then they can apply to the courts for maintenance from the non resident parent. The courts do have the power to extend child maintenance to cover the duration of higher education if the non resident parent has the ability to cover the costs.
The courts will consider the genuine needs of the child for support and even if student loans are available the court may still rule that the non resident parent must pay."
What are conditions for this to happen? Or maybe it's court's judgement and nothing else?
hi,
seems it is possible indeed:
https://www.wiselaw.co.uk/finances-settlements/who-pays-university-fees-after-divorce/
Morning,
Son is 18 and is at the end of further education. i have read differing opinions as to when the payment stops (or in my case is recalculated as i still have a receiving 16 year old in FE.
Is it June aftere the final exam or September the start of the next school term??
thanks
Morning,
Son is 18 and is at the end of further education. i have read differing opinions as to when the payment stops (or in my case is recalculated as i still have a receiving 16 year old in FE.
Is it June after the final exam or September the start of the next school term??
thanks
Your Child Benefit stops on 31 August on or after your childβs 16th birthday if they leave education or training. It continues if they stay in approved education or training, but you must tell the Child Benefit Office.
more info https://www.gov.uk/child-benefit-16-19
Morning All
Im struggling.. I have been denied access to my daughter for 10 Years β Ex wife moved away, broke numerous court orders, non attendance at Court.. you know the normal ex wife handbook type of stuff!!
I have always paid my Child Maintenance without fail.
Recently however I been made aware that my daughter has left college and is actually working, I have reported this to both Child Maintenance Service who check with Child Benefit agency who say benefit still in place so case still liveβ¦.I have reported potential fraudulent claim to child benefit agency who βare investigating β.
I have written to my daughters college providing ID and her birth certificate showing I have parental rights, and they have today replied saying as Iβm not named on her next of kin information they cannot by law release information.
The CMS are being no help what so ever when I log a β fraudulent claim caseβ.. Im sure they would be interested if I stopped paying!
I have no issue in paying the maintenance if its legally due and indeed contributing to my daughters life if she has left college β¦ but I do not want to be taken advantage of !
Can anyone assist as to how I gain such information about her education status??
I am not aware of anyone who has found a way of doing this.
One thing that does occur to me though, and it's a long shot, is whether you would be able to seek damages against the benefits agency if they fail to investigate the claim properly - you have definitely lost money if she's left education and they haven't stopped the child benefit after they've been notified. It would then be for them and DWP to recover the money from your ex if they chose to do so.
In my scenario is played the following g card when I was rebuffed from providing evidence of untruths.
I immediately requested copies of all calls recorded by them and me to be produced to me on disc. This was free and they eventually did it.
I informed them that I had a file of evidence that could prove the lies by my ex.
I explained to them they they were the prosecuting agency and had a duty to investigate.
I explained that the recorded message played to all callers regarding providing untrue information would ensue legal action by them was equally liable to receiving parents as well as paying parents.
I looked at their complaints procedures and enacted and quoted them to them.
Do not take one persons say so on their side. Over a few years and some victories I have learned that some staff are excellent at their job but most are woeful.
Yet another question with regard to my payments and when they can stop.....
My childs circumstances are.....
They finished a 2 year college course this summer (albeit early due to COVID).
They are applying for apprenticeships but they do not have anything confirmed yet,
They have a part time job. Fixed term 4 hours a week but they get much more than that.
So basically they are not in full time education, they have a part time job and they are looking to be an apprentice.
I think, from my research, that I am able to stop paying maintenance from this September. The only point that concerns me is that my child may secure an apprenticeship that includes some sort of further education built in rather than a straight paid salary equivalent. The further education element would suggest that maintenance payments would need to continue?
Any advice appreciated please.
hi, new member here. My 13 year old son's mother is a heroin addict and only recently been acknowledged. She has been arrested for abuse. In the past 5 years I have barely been allowed to see him. Ive been paying csa anyway.
Me and my wife now share custody of him and his mother is being sectioned so do i still pay CSA?
hi,
because of the change in situation, you should not be paying CMS. if you are registered with them, they will likely ask you for some evidence to show your child is now in your custody. do you have any paperwork for that? if not, then they usually accept a court order as evidence.
Hi I'm new to this forum, i have a question please. I have been paying child maintenance for two children and not missed a payment over 11 years now, my one daughter turned 20 last year and left to university and i notified CM and they never checked her status, a year went by and i contacted CM again and they admitted they never checked up on my daughters status and have now adjusted the monthly payments. my 2nd daughter is 18 and starts university in September and i have notified CM again (via website), but have received no response, should i keep making payments even when i know she has left for university?
Thanks Karl
Hi Karl and welcome to the forum...
I recently asked the CMS same question, below is what I've posted on other threads:
CMS is paid 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.
If they go on to study anything higher than A Level after age 16 then no CMS is to be paid.
The below article provides details of what HMRC class as acceptable courses to maintain Child Benefit which is generally paid for the same duration as Child Maintenance is due. Although I believe one difference is that Chid Maintenance is only paid if child is in full time education whereas Child Benefit can be paid if child is studying part time.
https://www.express.co.uk/finance/personalfinance/1288491/child-benefit-approved-education-training
It's not easy to obtain proof of education if your ex is not willing to provide details. My suggestion would be to tell CMS that it is your understanding that child(ren) are not in education and that you intend to stop payments unless CMS obtain proof. I don't believe they have to provide copy to you but you can them if they hold it on file and the finer details of course/school/college etc.
I'm not an expert but hope this helps.
Hello, I stay in Glasgow and have been paying maintenance for my child,he is 20 in a month and he works for me making Β£220:00 a week since March this year, my ex said I still have to pay the maintenance after his birthday as he is going to college, this will be his second time, 1st time it was music, and now itβs a barber ! Can some one please advise me ? Do I still have pay this money ?
Unless you have a court order to say you have to pay beyond 20, could maintenance stops at age 20. If you aren't paying through cms, then you can stop now, all your account
Ex can do is open a case with CMS, by which time [censored] be 20 anyway so they won't touch it.
Hi
I'm after some advice. I have been paying CSA with no questions ask but I was always advised by the CSA that I still have to pay maintenance as long as my son is in full time education and is in receipt of child benefit.
Today as of the 7th of September the CSA advised he is not in receipt of Child Benefit. My CSA case worker has advised that my ex has told them he is still in full time education and therefore should still receive full maintenance.
But from what he said she has just said this. He then advised I should contact child benefit and open a case with them. Im totally confused about this as the CSA always said that as long as my son is in receipt of child benefit I should pay maintenance.
I believe my son is not in college anymore and is working but this is only hearsay and I have no solid proof.
Should I contact child benefit or complain to the CSA to investigate?.
Thanks in advance π
Sorry I forgot to add my son is 17
you could contact child benefit dept and make enquiry about sons child benefit with them, why has it ended. this is the problem if you don't have any contact with kids. ex can lie and be dumb.
Hi,
Like others, I have read the countless messages but need clarification on what I hope is an easy ask. My Son will be 16 in July 2021. He hasn't attended school since he was 13 and has had only sporadic home tuition. It looks like he will not be attending school again for 2020/21 which in effect means he will leave school at 16. I am looking at the 'process'. I assume I contact the CSA in say June and inform them that he hasn't been attending school and that my payments should stop after his 16th Birthday in July. From what I have read, it looks like I will make both an August/september payment as well for some sort of transition but as he hasn't attended school would the payments stop in July, August or September?
Many thanks.
The last payment is usually August as that's when he's deemd to have left (ie hasn't started again in September) - what is he doing now - I thought legally children now had to remain in education or approved apprenticeship or traineeship?
Thanks for the reply.....now here's an interesting twist. It seems that in England that is true indeed....compulsory until 18 but according to the .gov website it states...where I live across the border in Monmouth that " You can leave school on the last Friday in June, as long as youβll be 16 by the end of that school yearβs summer holidays.It seems the law is different in Wales v England!
Hi, apologies, you asked what he is doing now...well nothing. He sits at home with a local Ed authority supplying some work to be getting on with but try as the school might, the mother refuses and switches to a home tuition application every time which as they explain has kids far worse off than him on a waiting list for 12 months so hence the fact that he will not be in school again this year. Year 10...GCSE time but on his computer all day every day. I told the CMS that I am paying all this money for him to sit at home and they just suggested a court order which as a local solicitor says could take until summer next year to get through the backlog and then the CMS payements as you kindly said will finish in August. What a strange org the CMS is.! I will ring next year and see where I stand. Thanks for the gret advice.
I'm glad I found this page I was going to ask the same question.
My daughter has turned 19 and finished her A levels in August. She is starting Uni next year to train as a midwife.
I have no contact with her and noticed on her Facebook page that she put she has finished her A levels and starts Uni next year.
I've read that child benefit stops when they stop education and CMS are supposed to check. However I've had a review done in September and they have calculated payments for the next 12 months.
I've sent a message to CMS but unsure what my next steps should be?
Just an update to this, I contacted child support and they got back to me a few days later and told me that my ex is no longer getting child benefit.
I still owe 7k debt anyway down from 12k. CSA fault not mine and they have admitted it. I've even got a copy of the recorded calls to them admitting it. So they have been flexible with the debt payments letting me clear them off in my own time. I was paying Β£300 a month inc arrears payments and this is now half what it was at Β£150 a month.
It's just a shame my ex wasn't forth coming in letting them know CB payments had stopped and was happy to take the Β£180 a month extra I was paying. They've back dated and took the extra payments off the debt
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