Child Maintenance?

[MumApr18]

My partner pays maintenance for 2 kids - one is now over the age of 16 and has a full time job (i.e not eligible for maintenance payments anymore). He phoned the CMS 4 weeks ago to advise them of this and obviously they need to go and check with the ex - they aren't on speaking terms. He says his payments will change automatically and he will be advised via letter once she stops claiming child benefit. I don't think she will do this off her own back though!
Should we be phoning to check on progress of this? Will any change in payments be backdated?
Thanks!

The ex shouldn’t be claiming maintenance if she’s not entitled to it, it would bother me too OP. Maybe give the CMs a nudge. I’m on the other side where I’ve started the maintenance process. My arsehole of an ex is trying his damndest to avoid paying anything; questioning paternity and asking the OW for advice on how to pay as little as possible (despicable if you ask me).

I'm not sure of the ins and outs of what she can/can't claim but my understanding is that from the September after the child's 16th birthday if the child is not in an approved educational course (which he isn't), he works about 28 hours a week, then she is not eligible to claim child benefit for them. This was confirmed by the maintenance service also over the phone. Our issue is that she is continuing to claim child benefit, so my partner is having to continue to pay her maintenance as the two go hand in hand.

@Didsomeonesaybunny that is despicable! Very low of him indeed. Keep fighting and he will get his just desserts.
I do hate how all men are judged by the same standards by the Mum brigade though! My partner pays over and above what he needs to, is heavily involved in both his children's life yet is immediately tarred with the same brush!

Child benefit office will require proof of college place and when it's not forth coming then child benefit will stop.

Money isn't spent on the other child? So the housing costs, utilities, food etc are free then I assume? Kids cost money, maintenance goes towards housing and heating for them. I had a similar view from my ex who expected their step father to stump up all costs because he was already paying them. Parents are responsible for their children until they're 18.
On a side note it's my husband who pays for my daughter's uni costs, her father absolved responsibility the day she turned 18, sorry but it makes me so furious it really does!

Not the point of the thread put perhaps op doesn’t live in England. In Scotland for example you can leave school at 16 and get a full time job.

@WhirlyGigWhirlyGig I know what you are saying but the housing is the former marital home (the mortgage was paid off by him when they were together and they have agreed not to sell it until all children are independent) and the heating etc is all metered which we pay for. She literally pays nothing - even the broadband bill comes out of mine and my partner's joint account.
Not all men are the same.

Yes @mrs2468 - we don't live in England. Apologies, I didn't know the rules were different in England.

In that case then all those payments need to stop and pay the correct amount of maintenance. I'm sure the ex is an adult and at some point needs to act like one, taking responsibility for pay the bills themselves.

@WhirlyGigWhirlyGig Agreed! The CSA just seem incredibly slow and the longer it's taking the more we are doubting that any change in payment will be backdated. Without being crude, my partner is on a decent wage so it's a small fortune he pays every week - I usually work as well but am on mat leave at the moment so it's starting to get a bit tight, especially with all the extras we pay for! He just did the online calculator and it looks like he could be overpaying by about £250 a month. That's on top of what he pays for the other child who is still eligible. So frustrating.

It's not really overpaying, the amount on the cms calculator is the minimum to be paid. What I'm saying is stop paying things for her and just pay the cms (although not necessarily the minimum).
The maintenance will stop before long when both children are 18 and she needs to start preparing for that by paying bills herself.

OP CMS will usually go along with child benefit- so if mum is Still claiming child benefit for him CMS probably won't reduce (I could be wrong) I think what your DH really needs to do is contact child benefit office so once their records are accurate his maintenance payments can be adjusted. Depending on when child benefit stops being in payment to mum may depend on when maintenance payments cease.

@WhirlyGigWhirlyGig I think it's different in Scotland where we live - child maintenance is due until the child stops being in full time education or the September after their 16th birthday if that is later. It sounds like, in England, you have to be in education until you are 18?
By overpaying I simply meant he is overpaying in terms of what the CSA stipulate he should be paying which, as you now know, does not go to his child. He more than makes up for it in every other sense!

Thanks @Shoobydooby09 - do you happen to know if changes in circumstances are backdated? Like if she should have informed the child benefit she shouldn't be claiming x months ago, would they make her repay? Or, more to the point, would they backdate the amount of child maintenance my partner has overpaid?

@MumApr18 I'm not sure what child benefit office would do if mum has not told them she is no longer entitled to claim. However if your DH contacts CMS for an update if they're not reducing payments cos mum is still in receipt of child benefit then firstly he will have the right of appeal against the decision. He should then inform.the child benefit office of his son's circumstances for them to investigate. They probably won't inform him of any outcome. But he can contact CMS and ask them to 're check the child benefit payment to mum and if it's changed CMS will adjust his payments. I'm not entirely sure if it would be backdated, sorry.

Hey, we've just been through this issue (England) although DSS aged 17 was living with us 5 nights per week, earning £300 per week. No college or apprenticeship.

DH reported to CMS and DSS's mum refuted it and claimed he was still in education. Child benefit was being claimed.

CMS told DH the next step was to open a mandatory reconsideration and told both parties to submit evidence of their side. Luckily DH was named as the lone parent on DSS's college course last year and they emailed him a statement saying he was no longer enrolled - this happened very quick, same day.

CMS called the XP with this info and to prompt her to send her own evidence of DSS's education. They also reminded her about benefit/tax credit fraud and all of a sudden she remembered that DSS had left college. So in the end we didn't have to do the mandatory reconsideration.

My ex stopped paying me at the start of September - DS is 18 but the same situation, living with me, has just started a job (apprenticeship) and is going to pay me a small amount to cover food once he gets paid. Seems fair enough that my ex stops his payments, though I would have appreciated it continuing until DS actually gets paid.

If CMA are collecting the money that should stop when child benefit stops. That should be the start of September once he's 16 unless she has actually lied and said he's remaining in education when he isn't. If his mum had been expecting him to remain in education and plans changed only recently, it might take them a few weeks to catch up I guess.

If your DP pays the money directly he can simply stop paying and let his ex know why.

Seems fair enough that my ex stops his payments

Why? A small amount to cover food just isn’t enough. What about fuel, washing, WiFi? Additional council tax costs? Supporting a child doesn’t stop u TIL they have actually left home.

The amount DS is paying is what we think does cover the extra costs is having him at home. (£30 a week, worked out as what we spend on food for him, and extras on bills because of him). He'll pay for his own lunches, transport costs, clothes, etc out of his wages. We'll probably still pay for a week's holiday in the summer and occasional treats, but then I assume his dad will too. I don't see a need for his dad too give me money for that.

I think you stop supporting children financially once they can support themselves. Why wouldn't you? Not necessarily when they leave home because students often need quite a bit of financial help even after leaving, whilst some young adults may stay at home for many years whilst supporting themselves.

A real man would keep paying maintenance for his child until they get a proper job. What do you see in this joker Op?

Aaagggh; the maintenance is going straight into the ex’s pocket!!?? A sentence regularly used by ex’s to excuse not wanting to pay to support their child. And the answer to this would warrant too many pages and too much energy to respond on this thread. Also children now legally can’t leave education until they are 17. So I’m pretty sure he must be attending a school or college.

Scotland. If you turn 16 between 1 March and 30 September you can leave school after 31 May of that year. If you turn 16 between 1 October and the end of February you can leave at the start of the Christmas holidays in that school year.

By the way OP - your DP did not pay off the mortgage on his own whilst they were together - they both did. If she was staying at home looking after the kids then she was enabling him to have a job and career.

Seriously the kid might be working in a fast food restaurant - those wages are stunningly high . If the EX is charging him rent and making him learns om fiscal responsibility - excellent, good mother.

unlike his father who wants to give up all responsibility bar paying for some heating the minute he turned 16.

I agree, money should not being going to ex anymore.

My ex gives my daughter £150 a month which she uses to help pay her way. She probably costs me about the same, fair is fair.

Theres just alot of mothers that really behrudge not being given "their money", once their child can privide for themselves.

@MumApr18 ...aren't even spent on the child...

Sweetheart, it doesn't matter if the actual cash is spent on the child! The Mother still has to provide for the child, and so the money from the father goes towards that, even if it ends up being 'repayment' towards money the mother has already spent on the child that month!
It all goes into the same pot! 🙄🙄🙄