Child Maintenance

[Jens303]

Can anyone help with a question about child maintenance?

DSD (17) is currently in full time education but has left home & now lives with her boyfriend & his family full time due to being NC with his mother. DH obviously wants to stop maintenance payments (and pay to DSD or the family) but will this cause problems legally?

I believe your step child can claim maintenance from both parents and also getbother funding, the step child would be better talking to someone from the school/college. I'd called cms and ask about stopping payments but can't see why it can't be stopped

thank you, more than happy to pay the money to her or boyfriends family

Make sure her mothers not still getting child benefit payments or extra money from UC or tax credits for her still. Definitely stop paying the mother. You could report her and they will check if she's reported the change of circumstance or if she's still claiming.

It's pretty safe to say she will still be claiming. I think best option may be to book an hour with a family solicitor so we're clear on exactly where we stand as the ex will cause as much trouble as possible

The person with day to day care of the child can claim maintenance from either or both parents legally. Child Support Act 1991. So yes, DH can make an arrangement with DSD’s boyfriend’s mum.

However, has DSD actually left home and is out of her mum’s care? She doesn’t expect her to keep her room in case she falls out with the boyfriend or family and wants to return, she doesn’t expect mum to still be buying her clothing or school travel or paying for her phone etc? I’d want a fuller view of what the medium to long term situation will be.

We pay for her phone & she walks to college & buys her own clothing. As far as I am aware she is getting no support at all from her mum & does not expect her to keep her room as they are NC (very sad)

Hi! Seeking advice on being able to enforce child maintenance now that my ex husband has moved to the UAE.
We divorced 2 years ago and have never had a formal child maintenance agreement in place for our daughter. Instead he made monthly (somewhat inadequate!) contributions, but gave something, and after the divorce/child arrangement/financial order battle I just couldn’t face another saga!!
He has since moved to lead an Emiratee school in the UAE and has stopped making any financial contribution, despite earning £8k a month!! He now no longer ‘habitually resides’ in the UK, but does have several UK properties that are rented. I believe he has UK accounts and pays tax on the rental income received from the properties.
Without formally applying for UK CMS, they have suggested they will be unable to enforce as he no longer resides in the UK and the UAE does not participate in the REMO. However he is still a UK citizen and does have a registered property UK business. Does anyone have any experience of this? It seems there maybe a claim to be made against his UK assets and taxable UK income?
Help would be welcomed!! Thank you!

@LCE2023 You need to start your own thread.

Thank you!! Sorry I just joined and thought I had! Think I’ve now made a new one 😊

If the CMS is unable to enforce, it might be an idea to appeal to his "better nature", set up bank accounts for the children, explain to him that once all the bills are paid, you are struggling to fund "extras" for the children. Suggest he makes "pocket money" payments direct to their accounts. At this point, anything is better than nothing. Some absent parents "feel better" about contributing when it's going directly to the children, it's also harder for a (decent) dad to refuse his children. Suggest a sum you feel is acceptable, then anything your children need that's outside of your household budget could be covered by this e.g. clothes, school trips.

If DSD is 17, your partner's maintenance payments will stop soon enough anyway. It is highly likely that the mum has taken a bigger financial hit over the last 17 years anyway in terms of taking on the lion's share of expenses, outgoings, reduction in wages, promotion prospects, pension contributions, hits to the social life etc. To stop payments a few months early just seems needlessly antagonistic, especially if she and DSD are NC which will be highly emotional. The maintenance payment might be back-paying for a holiday from months ago or covering course/travel/hobby fees that were paid for upfront with the mum splitting the money over several months in her budget.
Just continue with the payments until DSD is 18.

@BreakingAndBroke - you are wrong in thinking maintenance stops at 18. Payments go on until the child is 20 if in full time education