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[Solved] When Child Maintenace stops

 
(@Andy b2106)
Active Member Registered

Hi,
I have been separated from my wife for nearly 6 years my son is now 21 so no longer pay anything towards his maintenace, my daughter is 17 and lives with her mum and her mums boy friend and i pay my exe wife an agreed amount.

Two weeks ago my daughter started an apprenticeship working 5 days a week and going to college once a month.

The question i need an answer to is do i still pay any maintenace at all as she now earns approx £148 a week.

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Topic starter Posted : 15/09/2018 9:39 pm
(@dadmod4)
Illustrious Member

It depends on the apprenticeship - this might help:

https://www.gov.uk/child-benefit-16-19

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Posted : 16/09/2018 12:52 am
(@Andy b2106)
Active Member Registered

she only goes to college once every month so no where near the 12 hours a week it talks about on the link you sent me..

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Topic starter Posted : 16/09/2018 1:35 am
(@dadmod4)
Illustrious Member

It does mention traineeship as being part of approved education. Do you pay as part of CMS/CSA, or is it just an agreement between you and your ex? If it's CMS/CSA, then you could have a word with them to see what they say, but it depends on whether the mother is claiming child benefit still (even if she isn't entitled). If it's just an agreement between you, then you could tell her you are stopping paying, and it's then up to your ex to open a case with CMS and provide evidence that she is entitled to the maintenance.

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Posted : 16/09/2018 2:16 am
(@Andy b2106)
Active Member Registered

its just an amount we agreed together...im thinking of giving my daughter some money direct instead... but wanted an idea of where i stood

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Topic starter Posted : 16/09/2018 11:12 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Well then, as it's a private arrangement, you can stop payment, but for fairness I would give her a months notice of your intentions, to give her a chance to adjust her financial arrangements.

If you're going to continue to help your daughter out directly, she can't really complain can she.

Best of luck

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Posted : 18/09/2018 2:21 pm
(@Nycuk)
New Member Registered

Hi everyone. Sorry if anyone thinks I’m hijacking the thread, but I have a similar situation and thought it better not to start a similar thread. Neither repeated Googling nor a visit to the Citizen’s Advice Bureau has provided a satisfactory answer, so I’m hoping someone might be able to help.

My son turns 18 very soon. His mother and I broke up when he was very young and I have paid the mutually agreed maintenance payments every single month, without fail, ever since (2001). I have a close relationship with my son and see him regularly.

He dropped out of college about a year ago and is not working, has never worked other than the odd bit of cash in hand stuff. I have suggested to his mother that my maintenance payments will cease when he reaches 18. His mother is now getting irate saying that I still have to pay maintenance, claiming that he is homeschooled. He isn’t, he stays at home making music which she claims is vocational homeschooling and that I will have to pay maintenance until he’s 20. I don’t know if she is still receiving child benefit for him.

I don’t think this is accurate but I want to be sure before I proceed.

Can anyone advise:

1. That to be homeschooled you have to working towards a recognised qualification, for example A levels? According to the gov.uk website you don’t necessarily have to homeschool to the national curriculum.
2. Is vocational homeschooling a thing, and if so is just her word sufficient in the eyes of the law that this is what he’s doing?

Thanks.

ReplyQuote
Posted : 26/09/2018 11:36 pm
(@dadmod4)
Illustrious Member

I can't see that this would be accepted as education. Have you checked the CMS child maintenance calculator to see what their calculation is for maintenance? Once you know that, you can decide to stop paying maintenance - the only thing your ex could do would be to open a case with CMS - if she is still receiving child benefit, then they would say that you have to pay maintenance from the point the case is opened. However, if she isn't receiving child benefit, then they wouldn't entertain the case.

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Posted : 26/09/2018 11:46 pm
Nycuk and Nycuk reacted
 Mojo
(@Mojo)
Illustrious Member Registered

I’m not sure, but would the parent be required to register with their local education authority to homeschool their child perhaps.

It might be something worth checking with them, to see if it is a requirement, and if so enquire if your son is registered with them,to be homeschooled.

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Posted : 27/09/2018 12:06 am
Nycuk and Nycuk reacted
(@Nycuk)
New Member Registered

Thank you, definitely worth checking out.

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Posted : 27/09/2018 12:24 am
(@Nycuk)
New Member Registered

Do you know if I am able to check if she is claiming child benefit, or does data protection prevent it?
Thanks.

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Posted : 27/09/2018 1:00 am
(@dadmod4)
Illustrious Member

I doubt she'd need to register for homeschooling since he's 18 - in fact I would doubt that the local authority would even be bothered to consider it, they really do have other things to keep them busy.

I don't think there's a way to check if she's claiming child benefit, but if the maintenance calculator shows that you wouldn't be paying more than you are now, then you have nothing to lose by stopping paying and let her open a case with CMS (which will cost her £20) and proving to them that she is receiving CB. If she can show this, then you have to continue paying, but if she isn't then she probably won't even open a case with them.

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Posted : 27/09/2018 9:52 pm
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