Child Maintenance

[Gillan3190]

Hi there .

Looking for a bit of advice . My partner and myself pay child maintenance weekly to his pervious partner for his 17 year old daughter , I have been made aware that she hasn't attended school since Oct 2023 and is currently working for her mother. I know her mother has not informed Child benefits of this situation and therefore CM will not close the case until CB stops , Does anyone have any advice on what I can do ? Can I contact the school ?

If the child is working and she's claiming child benefit, it is absolutely is fraud. After age 16 unless they are in full time training or education you can't claim child benefit.

Also, I'd just stop paying and inform CMS she is no longer in education and is working. I think the onus will then be on the mother to provide evidence that the daughter is currently still in education

@MissMaple82 I don't want to end up introuble with CMS . Last year when mother threw daughter out we tried everything we could think of to get CMS payments to stop as we wanted to give the money to daughter as she needed it. Even got a letter from the school providing evidence that child had been kicked out. Eventually after no help from CMS we stopped payments on our own and had to owe it all back to mother once child moved back in 6 months later .

1. The mother is clearly committing benefits fraud. Please report this.
2. The CMS should not have made you pay the girl's mother for the period when she was not living with her. Indeed, the mother should probably have been paying you, although it is too late to claim that now.
3. In Scotland, as in England, child maintenance stops when the child turns 16 unless they are in full-time education. Child Benefit is irrelevant (other than that it should stop at the same time). The CMS should not make you pay just because the mother is still receiving Child Benefit. As Collaborate said, you should challenge the CMS, at tribunal if necessary.

@prh47bridge thank you for your help . The CMS told us when trying to stop it before due to the fall out between mother and daughter that they can't cancel the case if the mum is still in receipt of CB. We will try and contact them to see what they suggest . Thanks

Ask for a mandatory reconsideration. Once you have the decision, you have one month to appeal to the Social Security and Child Support Tribunal if necessary.

My partner pays maintenance through CMS for his daughter. He’s ex wants more money and has stated she will be applying fur a lump sum payment under the Child Act. Will my wage be taken into consideration by the court?
I have also seen she can apply to live in our house until their daughter is 18. Can she do that if my name is on the mortgage?
I am deeply concerned as I am the higher wage earner and my children are now adults.

@Medinaelwira you would do better to start a new thread of your own. This is an old thread from January.

Thank you, will do 😊