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I have been paying maintenance, as jointly agreed, since Dec 2005 without fail, directly to the children's mother, no formal involvement with CSA or CMS, paying initially for our 2 children, one portion of the payment ceased upon eldest child leaving 6th form education and entering University. A slightly reduced payment has been paid without issue, transitioning from GCSE's into 6th form college. This included beyond my daughter's 18th birthday in Feb 2020. My daughter elected to repeat a subject, as such entered a 3rd year of education, I do not believe 12 hours per week, however, I cannot verify this, but this is not important. My daughter now 19 has her last assessment/home exam, (Covid-19 has not impacted the timeline), in May 2021, beyond this, my daughter has begun seeking a career in the forces, additionally, has secured more hours doing casual work.
I wrote to the mother advising, given our daughter was leaving education this May my last payment will be this May 2021.
The reply; child begins study leave in May 2021, however she does not officially leave school until 31st August. Hence my obligation to pay maintenance continues until then in line with child benefits payments. This can be confirmed on the Child Maintenance Service website.
I am inclined to believe I am not obligated to continue payments;
My daughter has ceased school is no longer engaged/attending; No minimum 12 hours per week and is not returning to education.
What is study leave, Google can't tell me?
My daughter could decide to enter FT or 24 hours+ work at any juncture, or indeed enter her career with the forces at any time.
Crucially, there is no payment or involvement via CSA/CMS I/we are not bound by their guidance (I believe?).
Ex-partner has a duty to advise Child Benefit of any change; ie: 19-year-old daughter ceasing education (as defined, minimum 12 hours pw) May 2021. (CB paid to end February, 31 May, 31 August or 30 November (whichever comes first).
I am hopeful and will be most grateful if some experienced individual in this forum can advise, please.
Thank you
If you were paying via CMS, then you would have to pay until September if she leaves in May, and I have a vague inkling that there is some provision to increase this by a few weeks if the child is going into the forces, but can't be certain of this.
However, as you aren't paying via CMS, there is no means of enforcing this at present. You have given your ex notice, so in your position, I would be inclined to say nothing and pay in May as you intended, but then don't pay anything more. Your ex won't notice that it's not paid until the end of June, and all she can do then is to ask CMS to open a case in July - because of your daughter's age, they may well not entertain the idea anyway, but if they do, it will date from the date the case is opened, so you'll only have a maximum of 2 months to pay.
@actd Thank you for your detailed reply, I am not keen on simply not paying, I know the fallout will be 'dad' being bad-mouthed and rundown to my children. Also, I do not want to be pursued by CMS even for two months or even a month, I have no doubt my ex would want to chase this, even out of principle.
From my own research, I was confident I didn't have to pay beyond May based on my daughter no longer in education (minimum 12 hours pw). Also; Not returning to education, repeated a year of 6th form (3 years 6th form college), now working, probably less than 24hrs.
If you pay by way of a voluntary agreement with the parent who has care of the child, then it is a matter for you both to agree when the payment comes to an end. There is however no court or CMS to enforce payment if it is stopped without agreement when the child comes to the end of A’s levels/reaches 18 years whichever is later.
I don't understand the link with Child Benefit ending in the August, for a child, having finished attending their formal learning environment in this case in May. When you access the CB site it states; changes should be notified in which case CB should have been/be advised my daughter is no longer at school (12 hours pw)?
I really appreciate your valuable input and this useful website. I have some thinking to do and likely some more research.
Thank you
@actd Do you know why Child Benefit is paid until Sep when a child leaves full time education in May? In my case which is with the CMS the child is 18, I have a letter from college confirming their leaving date is 28th May yet CMS are saying she is in full time education and mother eligible for Child Benefit until Sep? Having checked the Child Benefit website it states child benefit should be notified when child leaves full time education and it will cease 31st May , 31st Aug, 30th Nov or end Feb whichever date is closest So why is Child Benefit and the associated Child Maintenance not stopping end May? Any guidance much appreciated as I’m disputing this with CMS at the moment.
There are two reasons I've heard for this
1. It is based on a quarterly assessment, the relevant one for you being that your child is still in education in May, so payments continue for a further 3 months
2. A child is considered to still be in education until the start of the next term, and by not returning at the start of the term, then education is considered to have stopped.
I suspect it's a combination of the two that are used, and this has been the case for many years.
@deck, It depends what you mean by being chased by CMS - they will notify you of a schedule of payments and you agree to that, in which case there is no aggravation.
The problem you face is that it sounds like your ex isn't going to agree to you stopping, so you either face her wrath and possible CMS if you do stop, or you continue to pay.
However, there is another solution, that may be more palatable - you simply tell your ex that you are ending your payments at the end of May, but with her agreement, you will pay directly to your daughter for a further 3 months (of course, there is nothing to stop your ex demanding the money from your daughter, but that's between them both), she can't bad mouth you to your daughter. I would say that you would still need to get written confirmation from your ex as, in theory you have stopped paying maintenance so she could still go to CMS. You could possible do it as a lump sum in September instead of monthly - that way you'll know if she has contacted CMS.
@actd Thank you again for your input again, interesting points, the latter idea aligned with my plan B, to pay directly to my daughter the last 3 payments.
In regards to my reference to "being chased by CMS" I have a concern, they [CMS] would come at me with all guns firing, threats and penalties and demanding my salary and employer details? However, you seem to indicate they will contact me in the first instance with a view to reinstating my original 'obligation' for the remaining term ie to August?
My ex-partner has only ever seen me in regard to money, as in this instance, I notified her of my intention to cease payment in May. I didn't share I had done some research, obviously not enough, hence my falling on this great site and asked the questions. Going forward I am not inclined to simply not send a written reply to my ex with my next step, whatever I decide.
So, if she was to seek support from the CSM this would either result in the CSM advising her; as unwilling to pursue this on the grounds: a/ No minimum 12 hours education as stipulated? b/ Child Benefit should cease May 31 c/ Too little time to pursue. Or maybe they would simply write directly to me to reinstate my payments as agreed and no further action if I comply?
Finally, do you think I could write to ex requesting she establishes an authoritative input from the CSM supporting her view that the payments should continue until August? This way I might discover who is more correct, with option B as a really good option.
Thank you again for your advice and direction.
Best regards
D
The problem you face is that if she doesn't like what you propose, she can open a case with CMS in any event, and it's then up to CMS as to whether there is a case for them ask you for maintenance. They will work on their own calculations, which means they will want figures for your income. There is the danger that even if she agrees that you pay your daughter, she could potentially claim that you have stopped paying maintenance and open a case with CMS, so at the very least you'd need an agreement in writing/email from your ex to give you some level of protection. You do mention child benefit - is your ex still claiming this? If she is, then CMS usually use this as a basis as to whether maintenance is due, but if she shouldn't be claiming it, you could warn your ex that you are going to report her to the benefit office for fraud if she claims maintenance - in reality, even if you do report her, chances are they won't investigate, but you ex isn't to know that.
Might be worth you having a word with Child Maintenance Options - they are the first point of contact when a new claim for maintenance is made. You have the option (which is probably a wise thing to do if you think she might open a case) of opening the case yourself for a one off fee of £20 - that way you have more control of when the case should be closed than if your ex opens the case.
@actd
Well im stopping at 18 regardless and but I have like 10 years to go before that age haha.
Worse case scenario I have a separate account I put £100 a month into so if I am apparently supposed to be paying beyond 18 I will use that account in 10 years time that way I won't feel the pinch and won't feel like I'm actually paying anything.
Officially or physiologically I'm stopping at 18 tho
@actd
Well im stopping at 18 regardless and but I have like 10 years to go before that age haha.
Worse case scenario I have a separate account I put £100 a month into so if I am apparently supposed to be paying beyond 18 I will use that account in 10 years time that way I won't feel the pinch and won't feel like I'm actually paying anything.
Officially or physiologically I'm stopping at 18 tho
Yeah, I've heard of someone doing that before, it's a good idea. As you say, psychologically, it's better for you, and if you can actually stop at 18, you've built up a nice lump sum for yourself or for your child.
often in this situation CMS tend to take the resident parents word, as to whether child is still in education or not. I think they will act once child benefit payments come to a stop. you could try speak to your local MP and see if they can help you with this.
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