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I moved in with my wife and her daughter in January 2018. I contacted the child maintenance service to let them know about my change of circumstance. The child maintenance I pay to my ex-partner went down 4 months later because there was another child in the household. My stepdaughter went to university in September 2021. The child maintenance I pay to my ex-partner went up in May 2023 when my stepdaughter turned 20. In February last year the child maintenance service informed me that my wife had stopped claiming child benefit in September 2019 and that I owed my ex-partner around £3,000 as there were no other children registered at our address from that date onwards. My wife stopped claiming child benefit in January 2013 when the government changed the child benefit system. I spoke to the child maintenance service, they said I should contact the child benefit office and get my stepdaughter registered at our address from September 2019 onwards. I spoke to the child benefit office, and they said that as my stepdaughter is 21 and not eligible for child benefit and they only back date claims to 2 years they would not be able to do this. I appealed this which got rejected so I asked for a tribunal. I received a directions notice from the tribunals service dated the 30th of November. I then received letter dated the 13th of January, saying further to the directions notice the secretary of state had 21 days to reply to the evidence I had provided. They stated that a relevant other child is a child who is registered for child benefit and living in the same household.
On their website, the Child Maintenance Service says they will take into account the number of children the paying parent has to pay child maintenance for. This includes any other children living with them. I cannot find anything that says they have to be registered with the child benefit office. Child benefit was not mentioned when my stepdaughter was first taken into account and the fact that my wife was not claiming it was not an issue. I don't believe I should pay my ex-partner the 24 months of arrears from September 2019 to September 2021 but am happy to pay her the 21 months of arrears from September 2021 to May 2023. I have been paying her an extra £173.21 per month since the 1st of July.
I have sent the tribunal:
- A letter from school, stating my stepdaughter attended from September 2014 until June 2021
- A letter from school offering my stepdaughter a place at 6th form.
- My stepdaughter’s A-level certificates.
- A letter from
Is anybody able to give me any advice? Are they allowed to use the evidence supplied by the secretary even though they replied more than 21 days after the directions notice?
Hi, can you please avoid mentioning sensitive information such as school details or any other identifying information.
I am not that familiar with tribunals. you could ask members from this support group, as many have gone through tribunal process:
https://www.facebook.com/groups/239699060076601/?ref=share
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