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If you're unsure whether your child is still in full-time, approved education, your best bet is to go to the 'report a change' option using the Child Maintenance Services parent portal and submit a change request on or after the academic year (so from 31 August) that you believe they have left approved education. The CMS then has the obligation to look into / validate the request.
The CMS qualifies 'a child leaving school' not when they actually leave school (normally late June / late July), but at the end of the academic year (31 August), unless of course the student was to leave approved education (16+) and start working before completing their education.
If you report a change before 31 August, the CMS will send you an unsubstantiated (standard) letter, which advises the claimant doesn't agree with your request and child maintenance remains unchanged, even though the CMS hasn't, certainly in the cases I'm aware of, even contacted the claimant. To say it's unethical (and even bias) administrative practices is an understatement. The CMS knows it's happening; it has been brought to the complaints team's attention (and the Independent Case Examiner) plenty of times, but nothing changes as it suits their modus operandi.
Obviously CMS gets a bad rap at times, but this one kind of isn't on them specfically. It may seem a bit vague in the legislation etc but it does ring true that if a child "leaves" education in June, that maintenance liabilities continue till the terminal date of child benefit. This is always the first Monday in September. Therefore the case closure "effective date" this year was 4/9/23. That means liability for the child continued right up to that date.
In terms of payments from September onwards - yes there is still payment due. CMS works a month in arrears. For example:
Let's say when you case opened way back when it opened with an initial date of 15th May. Therefore 15th May - 14th June is a full "month". So on the 14th day of each month your case will charge i.e. what you owe based upon the usual CMS calculations. If for example then the day you pay is the 1st of the month - on the 1st of July you pay CMS for the period 15th May - 14th June.
Fast forward to now with the case coming to an end. On the 1st September you will be paying for what is owed between 15th July - 14th August.
Subsequently on the 1st October you will be paying what is owed between 15th August - 4th September (case closure date).
Hope this helps
- Good evening all, I need some advise please. If somebody can help I’d appreciate it. My daughter turned 16 in October and is due to officially leave school after her exams in May / June 2024. The problem is she hasn’t been to school for over 14 months. I also believe she maybe be working now she’s 16. Can I stop my agreed child maintenance with her mom ? Can she work at 16 even though she’s supposed to be in school still. I have searched the internet and been on hold for two hours today and no clearer on where I stand. Thanks In advance.
- can I stop paying her mom
- can she work at 16 ( unofficially left education)
@addz77 child maintenance should be paid as long as child is in full-time education and obove 12 hours a week). Are you in contact with mother?
If its private arrangement, is easier to stop payments. You could contact child benefit office and report this.
@bill337 we don’t really talk. I only go through my daughter which isn’t great, I know.
yes it’s a private agreement and it’s been that way since the beginning. Just unsure where I stand legally, do I just stop the payments and give my daughter an allowance until I confirm whether or not she’s been working. Or continue to pay? Just don’t know what to do
@addz77 you can stop payment. if ex contacts you, you can explain why. if she not happy she might open CMS case. if that happens, if child benefit is still active, CMS would tell you to continue paying
Hi everyone,
I'm new to this forum but am going through a similar scenario.
My son was 17 in March 2023 and was attending a 2-year college course doing domestic electrics from Sep 2022- June 2024. He dropped out in May and stopped attending and didn't do the 1st year exams in June.
I arranged for him to start working for a friend doing car bodywork repairs and he started on 4th September. On the 27th I requested that my CMS case be closed as my son was:
1. No longer in full-time education, approved training or an apprenticeship and
2. Now in full-time employment
After waiting until the decision date (30th October) I called CMS who said ex is still claiming Child Benefit (CB) so maintenance needs to be paid until September 2024.
I contacted ex and said that she needs to stop claiming CB because of points 1 and 2 and if she continued to do so knowing full well about points 1 and 2 she could be taken to court and fined up to £1000.
She assured me that she had contacted CB and updated the info.
Fast forward to 23 Nov...
Son receives an instant dismissal for gross misconduct and is now jobless but not in education/training/apprenticeship.
28 Nov
I called CMS who advise me that ex is still claiming CB so I need to continue paying maintenance. CMS advise me to contact CB office and report her for fraud. CB office told me they would look into it but would not be able to feedback any findings etc. and that I would need to contact CMS; they also advised me that the likely outcome is finding in her favour and so I would have to request a Mandatory Reconsideration with CMS. I also email ex stating that CB have been informed.
29 Nov
Receive email from ex blaming me for dangling a carrot of a full-time job which led to my son leaving college and not doing exams. Ex also assumed the initial training and job were approved training and an apprenticeship and was disappointed because I had arranged this knowing that it wasn't approved training or an apprenticeship.... This is why ex never stopped claiming CB despite son receiving over £1300 for a month's wage. Ex has now weaponised son who is now not talking to me because "I'm more interested in money than his welfare" and I should pay the full amount because she needs the money to support him.
Am I wrong to challenge CMS/CB now that son is out of work and not in education/training etc.?
I'm still really cross that he squandered a fantastic opportunity because of his immaturity and bad attitude and the incredibly stupid things he did that got him fired and so my judgement may be somewhat clouded. I don't really want to be paying maintenance for him to doss around all day on his xBox because his mum is still getting a second income from me. I want him to accept responsibility for his own actions and go and get a job shelf-stacking/anything until he re-evaluates his life and decides on a worthy career/education etc.
Your advice would be very helpful right now as I am struggling mentally with it all.
Thanks x
I’m having the same issue. Daughter left FT education and has been working since September. Notified CMS refused the letter from college as evidence that she does not attend. Refused on basis mum still received CB. Called hmrc and stated exactly the same evidence. They’ll look into it…nothing. CMS continue to lie to me about speaking to mum. They haven’t spoken to her. She claims she’s informed them they say she hasn’t. I’ve made two complaints about the service been ignored both times. The caseworker was arguing with me all the time, being rude.
Been told by CMS adviser I shouldn’t have to pay as child clearly not in education. Now being threatened with DEO, after being told this action will not take place as I’m in appeal process. However, it’s another dept of DWP and they have no clue about ongoing CMS appeal case. I’ve hit a wall and whilst the mum continues to lie to receive CB, even though she earns in excess of £80k a year, government agencies are enabling her to do this and seek to drive me to an early grave.
The dept is rotten to the core. It seems to change its regulation whenever it wants and seems to use bespoke regulations. Gov.uk says one thing, legislation says the same, CMS and receiving parent seems above the law. I’m sick of it…it has to change.
@akk4012 I'm sorry to hear that you are going through something similar. Unfortunately it appears that the departments are incompetent and I have caught them out and pointed out their lies and received a very sheepish response. They don't communicate with other depts and make arbitary decisions without any basis or investigation. Fortunately for me my ex confirmed she wasn't claiming CB and so I stopped paying full maintenance. I did however start paying a reduced voluntary amount after my boy lost his job to help keep a roof over his head and promised to continue to pay her until the September after his 18th birthday, which is when I should have been paying maintenance if he had remained in full-time education.
I didn't contact CMS again, the ex hasn't reported me for not paying the full amount and the last payment is next month so there is an end in sight. I strongly urge you to record all telephone calls when speaking to CMS and do your own investigating if your ex is not being honest. What you need to weigh up is the cost of going to court vs the cost of paying maintenance because unfortunately the CMS is still biased towards the parent with care (normally the mother).
I have an order that states that the Child Periodical payments order, the section states that " The youngest child of the family attaining hte age of 18 years or ceasing full time secondary, whichever shall be later., or further order
4 children, have ceased for 2 of them as they are now well over 18 and in full time work
Child 3 has just turned18 and at college, I am assume I can now stop paying for him based on the order above
Child 4 is only 15
Thanks
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