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hi all, I have been paying maintance for my son direct out of my wages for years under a court order,hes 19 now,i have been in touch with the cma to see when the payments stop and they are saying my ex is still in receipt of child benefit for him and I have to keep paying, he works full time and goes collage for one day a week, is this correct and how long do I have to keep paying it?????
Hi there
If she is still claiming child benefit then the CSA will consider that he is still eligible for maintenance, as the two are linked in their eyes.
Child maintenance is payable up until the child is 20 as long as they remain in full time non advanced education.... full time means anything above 12 hours a week and non advanced is generally up to University level, with some approved apprenticeships being included in that. You could try giving the college a call to see if you can get further information.
The fact that he attends one day a week means that she might be claiming child benefit fraudulently, but it's very difficult to prove. Can you speak to the mother and put it to her that you think as he works full time and isn't at college for more than 12 hours a week, that she is no longer eligible for child benefit or maintenance....call her bluff and say that you will report her if she doesn't correct it herself.....although that might cause friction with your son.
If you don't want to do that then when he turns 20 your duty to support him financially finishes.
All the best
thank you, I don't think the collage are going to tell me anythink,so ill call her bluff and see what she says, I don't get to see him anyway so no friction there, thanks for your reply and your time, ill keep you posted!!
You might find this useful....print it off and provide it to her when you tackle her perhaps
hi all, I have just called her bluff and she admitted he finished collage months ago and is going to inform the csa on Wednesday,i wonder how long I should not of been paying it for??o well what a result thanks again for your help mr mod xx.
That's great! I wonder, will she be telling them the truth, that she should have informed them months ago when he left college? Here's a link to info about overpayments of CB
https://www.gov.uk/repay-child-benefit-overpayments
Getting the money back that you overpaid is probably a different matter, if it was via court order then it would probably cost more in court fees to take it back to court than what you are owed. You could give the CSA a call and ask them for their advice, since she has admitted not notifying CB of the changes.
Best of luck
thanks for the link,did you read my post below
yes your right, but I will speak to the csa about what she has done and see where that leaves me, thanks again for your advise....baz.
realistically, you would probably have been liable to pay up to and including the September payment if she finished college around June/July.
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