CM for older step child who is working

[fallenfence]

I don't know if this is the right place but thinking you will have your finger on the pulse in terms of child maintenance over here.

My 18 year old step daughter hasn't been contactable by my husband or I in several months... long story, not all that relevant to this. She left school at 16 and went to work (not a training contract, not apprenticeship, not sure how she was able to do it) she also started modelling and doing promotions work which she now does full time and earns an awful lot of money. We still get her bank statements from when she lived with us and these show regular payments totalling 4000-5000 a month.
From gathering info where we can we believe she stays between her Mum's house (where she doesn't have a bedroom - it's a two bed with another child) and her boyfriend's house. As well as overnights in hotels etc. Her mum works part time in a shop and has a young child by another man who she doesn't receive maintenance from (so we are told but who really knows).
Anyway... my husband has had a letter from the CMS to say that he needs to start paying maintenance for his daughter. This had previously ended when she left education two years ago (although at that time she moved in with us for a while too.
He queried it and was told as she had enrolled to start college (1 A Level) her mum was now claiming child benefit for her and as such he would have to pay cm. They've been separated since she was 7 years old and he's always paid the maintenance and extras and for a lot of the time step daughter lived with us so he's not the type of father to not want to do the right thing. We just feel that there must be a common sense approach when the "child" is so clearly not being supported by her mother, or even really living with her. She's an earning adult - can it really be that 1 A level deems her to be a child again?! College hasn't actually started yet either so how are we to know if she's even attending?
The CMS say there is nothing they can do and that he has to pay. Child benefit say they can investigate the claim to see if it's false but they can't update him on the case.
Any ideas?

@maudlinmaud, I didn't cover all aspects of this situation in my post. Of course we are worried about her, that's a whole other issue and one that I feel we have sufficient support with to not have to write about it here. We try to make contact and will continue to but there is nothing we can do to stop her staying in hotels or in fact anywhere she pleases or take any job she wants to unfortunately.

I know it feels unfair but if your DSD has enrolled at college and moved back to her mums then it is correct. How much money she has is irrelevant as she is under 20 her father is expected to support her.

@baroness - that is a fair way to put it I suppose.

If she is a child when it comes to getti g maintenance, then she is a child when it comes to opening her post. Can't gabe ot both ways.
I'd open my dc's letters if I didn't know where they were and wanted to be sure they had access to money etc.
Anyway, this seems unfair to me - if she really was living at home and had no money then of course your dh should pay, but if she has the income you say she has, then I would be seeing a solicitor to appeal this.
I think it is awful that the state makes people financially responsible for adult dc.

I'm not sure about this assumption of 'fraud'. I can't see that any laws have been broken if DSD is studying for the A-level, and living with her mum, even if she stays over at her boyfriend's a few nights week. (I imagine this is true of very many young women of her age). Maybe she is thinking of her future when she's too old for modeling and so studying part-time? Perhaps it's a one-year A level course and she will take another /a BTEC next year, which would give her enough to get into a degree programme or higher apprenticeship?

@aderyn it is awful. she earns more than my huband and I do combined

@nan possibly yes. Good point. But we don't know... no one will tell us

I have a dc currently doing a work experience year as part of her uni course, she's earning good money also spending large amounts of time in a hotel but this is still her home. It's still my income that her student finance will be assessed on next year. When you have dc you need to accept that while in education you have to support them.

As an ex-employee of CMS it's correct that where CH Ben is in place for a 'child' then CM does apply however as has already been mentioned CH Ben will only pay when education is considered to be FT. I'd attempt to get proof from school or college but if you have asked Ch Ben to investigate then they will request this evidence themselves and should do at the start of each new school/college year. It's likely the award will be suspended while investigation is ongoing which usually takes around 6 weeks. However the fact you have bank statements arriving at your address is enough to cast doubt on where this child actually lives. For most of us, the address we use for banking is considered a permanent residential address. I saw this a lot over the years OP but it may be there is nothing you can do buy pay. Ch Ben ends the first Mon of Sept following the end of the previous school year/term unless the child finds FT employment.

There is no way that 1 A level is 12 hours per week! Most will be 4 or 5 hours per week, maybe 6, but not 12. It's fraud on the college's part if they're adding on study time in those proportions.

It's fraud because otherwise if you took 4 A levels, they'd have to say you were there for 48 hours per week.

@baroness I fully agree. But that's not our situation. When dsd came to live with us her mum moved in to a very small 2 bedroom house with her son and that is where she still lives. There simply isn't space for that to be considered dsd's home.

And we don't actually know that dsd will attend college. The college has told us that they aren't able to give us progress reports or attendance reports or even tell us if she gets kicked off the course. Maybe as you say she will take it seriously but surely if that were the case she's be taking a BTEC or an apprenticeship or several A levels. I don't think one science a level will take her any further forward in her education... it's is suspect to me that it will require the exact number of hours for her mum to be able to receive all this extra income.

But it does seem our hands are tied and the best approach is to suck it up and remember it's not forever. Sad thing is, we'd both rather have a relationship with dsd and for her to be in "proper" education and not be doing the work she's doing and to pay for all of it but that's not how it is.

@nonironlady that's good insight, thank you. I hadn't thought about the address thing. I know she had her driving license and electoral register here as well. I wonder if she's changed it...

@mybrilliantdisguise we were able to get a letter from the college to say this A level is 12 hours a week... didn't really make sense to me either but that's what was stated

No advice unfortunately but I can completely understand why you're suspicious and annoyed

If you believe she's working full time then inform them, because more than 24 hours a week can change the calculation. I say this as a mum and step mum and my DH ex wife has been fraudulently claiming shit for years. She's finally being investigated and been fucking caught out!
Not that I think my DH shouldn't pay for his son BUT when he's working full time and paying board why the fuck she thinks she's entitled to money off us as well whilst lying to CB about him being in college is beyond me

The ex wife is currently trying to find a way to force him back into some kind of education just so she can claim 🙄
Bearing in mind her fiancé is wadded she's just greedy and fuckin spiteful. Doesn't think she should have to pay for a younger kid who she basically kicked out tho!

One they've turned 16 and left full time education the maintenance payments stop. They're in line with child benefit payments. If her mother is still getting child benefit then maintenance is due. Could it be arrears that are due. I'd give them a ring and clarify or her mother if you're on talking terms. I used to wprk for the CSA. Hope this helps

CMS rules regarding is a child a child and do you have to pay changed a few years back. They used to make their own investigation when someone left education, but then changed to go along with child benefit, ie if they believe the person to be a child and keep paying it then CMS will expect maintenance to be paid. Child benefit can be paid until the age of 20. If child benefit investigate and believe the claim to be incorrect and change their decision so will CMS you can ask them to check child benefit records. Furthermore, if the CMS decision stands you can ask for a review, and then appeal. Ask CMS to check addresses for DSD.

Officer - that is certainly one way of looking at it. However the alternative could be a child who finished school at 16, feel our with her mum and moved into her father's house. Was financially and emotionally supported and attended college. I am assuming form what the OP has said that the child is signed up with a modelling agency of some sort and is working and earning a substantial wage. Not many 17 year olds want to sit at home when they have very good income! So the child is enjoying their money and flitting around doing what they want because they can.

I don't get any hint of emotional deprivation from the OP, the child has bank accounts, a driving licence, money and confidence to work and leave home. Not a picture of a deprived child imo.

I am surprised the college won't tell the father about her attendence or progress though! Perhaps this is because she is over 18 now.

she'd be better off giving her mum some money from her wages instead of manipulating you into funding her mum.

I suggest you get legal advice re this before you start paying....otherwise you're setting a precedent.
If she's working and being treated like an adult by the law/tax man and already has a higher income than her parents - then she doesn't need the legal entitlement from you.

If she decides to apply to University doing the bare minimum hours - you will still have to keep paying until she leaves uni.

Report them for fraudulently claiming....and for overcrowding if she's changed her electoral roll address.

Heebiejeebie - unfortunately no legally qualified person can overturn a correct application to CMS. The difficulty in this case is determining the authenticity of the PWC application. And her morals and credibility for making such application not only to CMS but tax credits and child benefit has to be questioned, knowing her daughter's true circumstances (presuming she does) . I suspect their hands are very much tied if she produces evidence to show her DD meets their criteria for entitlement. Therefore if the criteria is met then there is probably nothing OP and her DH can do about it. However child maintenance is not due when they attend university. Payments will cease. I think the OP needs to confirm SD living arrangements as this could be deciding issue. If mum's house is too small then if she does not live with her then she is not entitled to maintenance.

I wish I was earning that much a month.
I understand how unfair it feels when she's loaded.