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Original poster

Does my brother still have to pay children maintainer for his 17 year old working son?

243 replies

Nikki037297 · 07/02/2022 07:07

My brother has a son who is 17 and is working part time and at college part time. His ex is demanding money as my brother is just going back to work after being on the sick after an accident at work and breaking a bone in his neck and not being able to work for around 20 months now. He’s googled it and can’t find much out and it seams a bit complicated and never mentions the child working and what would happen in those circumstances. Does anyone know ?

OP posts:
username1293948 · 07/02/2022 12:31

Surely he should just want to pay towards his son anyway? Confused

Toanewstart23 · 07/02/2022 12:33

And he should have been paying child maintenance during the last two years anyway as he would have at least been receiving SSP
And maintenance still required to be paid on SSP by CMS

Undertheoldlindentree · 07/02/2022 12:42

When my 17 year old son was at FE college (full-time) and got an evening job washing up in a bar, there was a week in the summer holidays where he was asked to stay later on his shift to do extra hours. This was a one-off, but took him over some sort of CMS earnings limit for that week. He didn't know that and proudly told his Dad he had earned 'x' amount.

His Dad contacted CMS and I had a call from someone to say they'd been notified I was claiming maintenance I wasn't entitled to. They said they had been told my son was working and earning over the limit! I explained it had been a one-off and earnings were normally much lower -thankfully they left the maintenance in place.

His Dad earns £70,000 plus and was looking for any excuse to stop maintenance. If he'd been successful, I would have had to ask DS to pay towards household costs, wiping out all his earnings. Some men just do not think of the child in these circumstances, only of getting back at the RP by stopping payment. It's a short-sighted and shameful attitude.

So yes, this does happen and is a real risk once a teen gets a part-time job, especially if hours vary in the holidays or the employer asks them to cover for someone.

OnlyAFleshWound · 07/02/2022 14:22

@Undertheoldlindentree

When my 17 year old son was at FE college (full-time) and got an evening job washing up in a bar, there was a week in the summer holidays where he was asked to stay later on his shift to do extra hours. This was a one-off, but took him over some sort of CMS earnings limit for that week. He didn't know that and proudly told his Dad he had earned 'x' amount.

His Dad contacted CMS and I had a call from someone to say they'd been notified I was claiming maintenance I wasn't entitled to. They said they had been told my son was working and earning over the limit! I explained it had been a one-off and earnings were normally much lower -thankfully they left the maintenance in place.

His Dad earns £70,000 plus and was looking for any excuse to stop maintenance. If he'd been successful, I would have had to ask DS to pay towards household costs, wiping out all his earnings. Some men just do not think of the child in these circumstances, only of getting back at the RP by stopping payment. It's a short-sighted and shameful attitude.

So yes, this does happen and is a real risk once a teen gets a part-time job, especially if hours vary in the holidays or the employer asks them to cover for someone.

Sorry to hear this. What an absolute wanker your son's father is
CandyLeBonBon · 07/02/2022 14:24

@Grabbyexes

The system is shocking towards non resident parents sometimes. As long as the resident parent is claiming child benefit, you have to pay maintenance. Even when the resident parent is literally committing benefit fraud, lying about college etc. Your brother will be liable till his child turns 20. DSS's resident parent made it impossible for his non resident parent to have a relationship with him, lots of mind games and manipulation. We tried so hard to make it work. Resident parent then lied to benefits about college, enrolling on courses but DSS never attending. CMS refused to investigate further than ask the other parent. I absolutely agree people should contribute to their children, but its taking the piss when the adult child is refusing to continue education, refusing to work, living with his grandparent and the "resident" parent is still taking the money and claiming the benefits. We had to pay until he turned 20, to fund the other parents lifestyle. DSS never saw a penny of it. Shocking. We wanted to pay it directly to DSS, but not allowed 🙄
Shock horror - parent is expected to be financially responsible for their children!

The audacity!

BillMasen · 07/02/2022 14:27

@Toanewstart23

The broken neck thing is irrelevant

I’m the RP
If I broke my neck it wouldn’t mean I would stop financially supporting my children

If you as an RP has an injury which means you can’t work, benefits step in and hopefully support both you and the children until you can work agsin

If an NRP has an I just, benefits only step in to support them alone. That’s why a non working nrp has to pay so little.

You can’t just say he should pay anyway (and practically, how? Make money appear from thin air), as the state support in those cases is different

DrSbaitso · 07/02/2022 14:35

The system is shocking towards non resident parents sometimes. As long as the resident parent is claiming child benefit, you have to pay maintenance. Even when the resident parent is literally committing benefit fraud, lying about college etc.

Why would any of that absolve a NRP from their responsibilities towards their child? It's not even based on need, it's based on the NRP income.

Are you saying that if a RP is able to provide, the NRP should be able to sack off all their own parental responsibilities?

Lalala1 · 07/02/2022 14:40

@BillMasen

Can you explain what you mean by the state support in those cases are different? Do u mean if the RP has an injury they get more help by the state than a NRP does?

BillMasen · 07/02/2022 14:52

[quote Lalala1]@BillMasen

Can you explain what you mean by the state support in those cases are different? Do u mean if the RP has an injury they get more help by the state than a NRP does?[/quote]
Yes that’s my understanding. Happy to be corrected if that’s not the dase

BillMasen · 07/02/2022 14:53

Or even the case!

Itsalmostanaccessory · 07/02/2022 14:58

@Undertheoldlindentree

When my 17 year old son was at FE college (full-time) and got an evening job washing up in a bar, there was a week in the summer holidays where he was asked to stay later on his shift to do extra hours. This was a one-off, but took him over some sort of CMS earnings limit for that week. He didn't know that and proudly told his Dad he had earned 'x' amount.

His Dad contacted CMS and I had a call from someone to say they'd been notified I was claiming maintenance I wasn't entitled to. They said they had been told my son was working and earning over the limit! I explained it had been a one-off and earnings were normally much lower -thankfully they left the maintenance in place.

His Dad earns £70,000 plus and was looking for any excuse to stop maintenance. If he'd been successful, I would have had to ask DS to pay towards household costs, wiping out all his earnings. Some men just do not think of the child in these circumstances, only of getting back at the RP by stopping payment. It's a short-sighted and shameful attitude.

So yes, this does happen and is a real risk once a teen gets a part-time job, especially if hours vary in the holidays or the employer asks them to cover for someone.

I cant find this information online. Can you link it?

So, if my kid turns 16 and gets a part time job during high school, but works extra in the holidays... that can take them over a limit and their other parent doesnt need to pay any maintenance? I have never heard of that.

Toanewstart23 · 07/02/2022 14:59

@BillMasen

You are simply wrong

Cms is payable if non RP is receiving SSP due to illness or Injury

Comefromaway · 07/02/2022 15:03

I'm guessing what actually happened is that Dad phoned CMS and said my son has got a job that pays £££ per week and they incorrectly assumed he'd left "approved education or training" and was now working full time.

Toanewstart23 · 07/02/2022 15:10

And you sure as heck don’t get “extra” from the “state” Grin

playthatviolin · 07/02/2022 15:11

The OP hasn't been clear about college and work - there is a difference between an apprentice who gets paid for working 3-4 days a week and goes to college on day release, and someone who's at college full time and works on a Saturday.

FortVictoria · 07/02/2022 15:12

Funny how posters don’t come back when they get responses they don’t like!

Lalala1 · 07/02/2022 16:00

@BillMasen

Yeah that’s not the case wether your a RP or a NRP or someone without children makes no difference to the amount of benefit you receive if unemployed through an injury or illness

BillMasen · 07/02/2022 16:03

[quote Toanewstart23]@BillMasen

You are simply wrong

Cms is payable if non RP is receiving SSP due to illness or Injury[/quote]
That’s not what I’m saying, I agree with that

I’m saying the state benefits an nrp recieves when they’re ill are designed to cover their costs alone. The state benefits an RP recieved when they are ill are designed to cover their and their childrens costs.

My point is that is why only minimal cms is due when the nrp is ill

And it’s not really fair of posters to say he should magic money up to pay

BillMasen · 07/02/2022 16:04

[quote Lalala1]@BillMasen

Yeah that’s not the case wether your a RP or a NRP or someone without children makes no difference to the amount of benefit you receive if unemployed through an injury or illness[/quote]
Ok thanks. So a single man and a mum of 2 both get the same state benefits if unable to work due to an injury? I guess I’m surprised if that’s the case

Lalala1 · 07/02/2022 16:06

@Comefromaway

I'm guessing what actually happened is that Dad phoned CMS and said my son has got a job that pays £££ per week and they incorrectly assumed he'd left "approved education or training" and was now working full time.
That would have been the case. Even a child in approved further education and working part time would still be eligible for child benefit and cms would still be active. My sons at college but he works part time I was told he could work 24hrs a week while at college and his child benefit wasn’t affected. Don’t receive cms though but that’s another thread Grin
Cas112 · 07/02/2022 16:06

Yes he does and so he should.

Original poster
Nikki037297 · 07/02/2022 16:10

I can’t believe how many very rude responses there is towards me. I asked a question about my brother. I don’t know why people are talking about me being pregnant and my boyfriend. My boyfriend is 27 (27 isn’t quite old enough for a 17 year old child but I have seen stranger things) and has always worked, he had a job interview for a lorry driver a few weeks back, he didn’t get the job so he’s staying on at his job he’s been at 4 years. That’s nothing to do with my brother.

But that’s not what I was asking. I didn’t want everyone’s opinions on my whole life. I was visiting my brother as it was his daughter’s birthday and we got talking about him going back to work. Yes he’s been on the sick he’s fortunate to have a partner who works part time and to have paid off his mortgage when he was still working before his accident.

Thank you to the people who answered my question properly instead of bitching on about my brother

OP posts:
Nomoreusernames1244 · 07/02/2022 16:11

I’m saying the state benefits an nrp recieves when they’re ill are designed to cover their costs alone. The state benefits an RP recieved when they are ill are designed to cover their and their childrens costs

Exactly. So a rp with a broken neck would get benefits to cover themselves and their children.

An nrp with a broken neck only gets benefits for themselves. Which is why benefits are not dependent on CM.

So the neck thing is relevant.

Nomoreusernames1244 · 07/02/2022 16:15

*You are simply wrong

Cms is payable if non RP is receiving SSP due to illness or Injury*

She didn’t say that wasn’t the case Hmm.

Yes they still have to pay cm- likely the basic £5/a week or whatever out their benefits.

What she said is they don’t get extra benefits as a parent, only for themselves as an individual.

However the RP, should they be injured or otherwise unable to work, would get increased benefits to support the children as well.

Lalala1 · 07/02/2022 16:16

@BillMasen

Yes a single man and single mum of 2 gets the same “personal benefit” the difference is the mum of 2 would have child benefit for the children and a child tax amount for the children.
To be fair I can see that’s what your trying to get at that she gets more because of the children’s benefits but that doesn’t mean a RP gets more if unemployed through injury the child’s benefits are gave regardless therefore are separate there’s no “extra help from the state” a NRP should still be providing for their children from their personal benefit just like a PWC is from their personal benefit out with the children’s benefits

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