Do I still have to pay child support?

ArthurPint_2 · 12 June 2012 at 1:55AM

Hi, my child is 17, just left college and now works 4 days a week and goes to college 1 day a week and earns £400 per month as an apprentice.
I am trying to find out if I am still legally required to continue maintenance payments.

Of course I will continue to support my child as I always have and always will. I don't go through CSA and since I pay around 60% more than they would ask me for, her mother doesn't make an issue of it. In fact I only know that because she threatened to call in CSA once when she asked for a rise. I assume she looked at the same calculator as I did and realised she would get much less. I gave her some more money nonetheless, but not as much as she was asking. In addition to what I pay each month, I always bought her school uniform, gave her pocket money, contributed towards school trips and anything she ever needed. Even tho I am the non resident parent, I have always been every bit as committed, if not more so due to that fact, than I was before the separation, which was a very long time ago anyway.

Her mother has never been backwards in coming forwards asking for money, she will always try to get as much as she can from me. I know this is not all for her daughter's benefit and even now since my daughter made the decision to pursue her new career, she has been quick to seek advice about to how to keep me paying, it is her 1st concern.

I want to support my daughter, but now I want to support her more directly (well I do that anyway). I just want to know where I stand legally with this. I would appreciate some advice.

DUTR · 12 June 2012 at 9:43AM

If you looked at the calculator then you may have noticed who would qualify to have to contribute and if indeed a child is classed as requiring contribution via the csa, from what you have written, perhaps you may not have to contribute and the csa will not entertain a claim.

antrobus · 12 June 2012 at 10:04AM

This might be of some help;

A CSA assessment does not normally show a cessation date as it should be reviewed at regular intervals by the CSA, usually every two years. Payments will normally end when a child reaches age 16, unless they must continue

to age 19 to allow the child to complete full time education (but not advanced education for a degree or similar qualification) or
to age 18 if the child is registered for work or youth training but has not yet started youth training or found work which will last for more than 12 weeks after he/she reaches age 16.

http://www.hmrc.gov.uk/manuals/remanual/re1198.htm

ArthurPint_2 · 12 June 2012 at 10:56AM

Thanks for the relpies. I searched the net a bit more this morning and found many cases where this seems to be a bit of a grey area.

Two things that kept cropping up were:
1)If the PWC is still entitled to child benefit, then maintenance is still required.

2) If the apprenticeship is government approved, maintenance is required and if it is an employer's scheme, maintenance is not required.

I'm baffled by the logic of #2, but I guess that's another story.
However in the cases that I found, the child earned less than mine does and the CSA were already involved.

I can pretty much guarantee that if I stop paying, her mum will have half her wages off her to claw back some of what she loses from me, but maybe even that's not a bad thing. I would happily give that money back to my daughter knowing that SHE will benefit from it. Either that or just let her mother bring in the CSA which will cut it in half if indeed she is even entitled.
The only thing is, I never got any of the payments recorded. I never really looked into this before, I just paid every month & that was that. I didn't realise the importance of that until I came here and read the topic about that. Mostly by bank transfer, but quite often in cash since I'm self employed, so my earnings come in dribs & drabs rather than a monthly salary.
I'm certain she would try something with that if she thought she could, but I'm guessing they would wonder why it has taken until she is nearly 18 to make it an issue?

kevin137 · 12 June 2012 at 11:21AM

The 1st thing you need to understand is it doesn't matter about the past.

If she hadn't opened a claim, then they cannot backdate it, so if you stopped paying and she went to the CSA, then it would be from the date they write to you IF it is an eligible claim...!

Are you on good terms with your daughter...? Try talking to her to find out exactly what type of apprenticeship it is. Also make it clear she always has a home with you so she can choose where she wants to live, and that you will support her even if it is not through child support.

If possible talk to your ex and ask what her expectations are and how long she expects you to support HER...!

Then decide what is best for you and your circumstances....

ArthurPint_2 · 12 June 2012 at 11:57AM

Great thanks, that's reassuring to say the least!

Yes, I have a great relationship with my daughter, she is my best friend. We have talked in the past about her living with me, she stays at my house quite a lot as it is anyway, but she goes home, talks to her mum about it and the idea is soon squished.
My daughter has other siblings now and my child maintenance is simply part of their family income. They have it too good to just let her come & live with me.
If my daughter has to be seen with her mother in anything other than the latest designer clothes, then the irresponsible scrooge father is to blame, since she believes these things are imperative for a child's social well being. So no, she's a person I can reason with.

She will continue to live with her mother, so of course that needs to be paid for, I wouldn't dispute that. I just want to be able to support her my way now, on my terms.

skibadee · 12 June 2012 at 4:10PM

Our QC dropped out of college in February this year....first cut off date for Child Benefit was the last day of February but PWC did not inform CB office, we contacted CSA who eventually contacted PWC and 'gently' reminded her that needed to notify CB after she confirmed QC no longer in FE, CB stopped on 30th/31st May our case was closed on 6th June, we still had to pay June payment as CM through CSA paid in arrears.
If your daughter has only just left college CB is payable until 31st August/1st September.
I would ask your daughter what kind of apprenticeship it is, my guess woud be that it is employer based with college day release of one day a week as most employer based apprenticeships pay approx £90 - £104 a week.

As you say if the PWC is likely to take off your daughter a high contribution towards what PWC will lose in CM and you are in a position to be able to afford to do so, then pay your daughter a amount directly to her to help her out financially I'm sure your daughter will appreciate that.

ArthurPint_2 · 12 June 2012 at 4:38PM

Ok thanks. I know all about the course, except who is running it, but I'm pretty sure you're right about it being employer based since her boss has been encouraging her to do it. She has actually been working there for while already part time. I'll find out for sure.

So, it looks like we're looking forward to September. I'll book us a holiday!

Thanks for all your help, very much appreciated!

kevin137 · 12 June 2012 at 5:09PM

ArthurPint wrote: »

Great thanks, that's reassuring to say the least!

Yes, I have a great relationship with my daughter, she is my best friend. We have talked in the past about her living with me, she stays at my house quite a lot as it is anyway, but she goes home, talks to her mum about it and the idea is soon squished.
My daughter has other siblings now and my child maintenance is simply part of their family income. They have it too good to just let her come & live with me.
If my daughter has to be seen with her mother in anything other than the latest designer clothes, then the irresponsible scrooge father is to blame, since she believes these things are imperative for a child's social well being. So no, she's a person I can reason with.

She will continue to live with her mother, so of course that needs to be paid for, I wouldn't dispute that. I just want to be able to support her my way now, on my terms.

I would consider talking to your daughter about it, and the implications there is for you and her if it is stopped...

Reinforce the fact that she always has a home with you, and that if she so chose, after it was stopped, that she could live with you in your home.

If she is sensible and grown up, she will see her mother for what this really is, a meal ticket that will cease and then be brought down on her.

I am not saying she should not be paying her way, but you get what i mean i'm sure...

ArthurPint_2 · 12 June 2012 at 5:44PM

Yes I know what you mean thanks. I think it will actually do her good anyway to be paying her way, even if she does get it back.

Generally, I wouldn't say her mother is a bad mother, she does love her and care for her, I'd never question that. Just in this regard and a few others, well she's selfish & materialistic and expects everybody to pander.

I'll talk to my daughter. There's no need to reassure her about having a home with me though, she knows that.

Thanks again.

Do I still have to pay child support?

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