CMS payments, am I entitled?

[NotYourHolidayDick]

DD has just turned 17. She did her GCSEs in the summer, and is now doing an apprenticeship/training course in sports, working in primary schools doing PE lessons.

Ex H has withdrawn his maintenance payments as he thinks she's now out of education.

I flew off the handle and have started a CMS claim, but the more I look into it, the more confused I am.

Should he still be paying maintenance?

She does 24 hours a week, plus remote college course.

Not if she is being paid an apprenticeship wage

She is, yes. Nothing like what the maintenence payments were though. Fuck sake 😭

I don’t think CMS would still be mandatory as it’s a paid apprenticeship. Same as child benefit stops too.

This

Yes if your child benefit has stopped then CMS stops. Sorry OP.

What is the difference op? Perhaps give your daughter some responsibility for the nice to haves; her phone, driving lessons and nice shampoos if she likes them etc. Obviously this doesn't help with the bills but might ease some burden if you are currently paying for those, would her dad be willing to support her more directly?

Are you still entitled to Child benefit?

that’s the key for maintenance at that age.

We don't get CB due to DH wages.

She has no contact with her father (absolutely her choice. Took her 15 years of me forcing visits but she worked out what a bellend he is for herself and put her foot down).

I'm doing her driving lessons, and her phone is £6 a month.

It's a huge loss monthly which we hadn't budgeted for, for another year. Oh well. He will be dancing with glee which pisses me off more than anything!

Do you still have the underlying entitlement to it with her training?

CMS will work it out. If you would be entitled to CB then you’d still be entitled to CM, but if her apprenticeship is a paid one that means CB would have stopped then you won’t be.

No idea re CB. I had the letter about it stopping when she was 16, and I just let it expire as it was easier.

Is she paying you board?

Yep small bit of rent, which I'm stashing away to give her back when she moves out (no time soon, she has ASD and not a clue about life 🤣)

It's not disastrous, but I'm about £500 a month down net, which I'll feel. He's been trying to not pay since she was born, running away and arguing, so that fact that he now doesn't have to when I know how much it hurts him, is irritating me 😆

You really need to find out as CMS are likely to say “no CB = no CMS” but you need to know if your underlying entitlement is still there or not.

If she's autistic, is she eligible for PIP? Was she getting DLA?

Nope, the ASD isn't massively bothersome for her, I don't need PIP or anything like that. Looks like I'll just have to let this one go. Urgh.