Full time University and CHild maintenace

Bit of background.
Daughter was with partner,they had a daughter in early 2012, he went and started 5 year degree course 2 half years ago.
They split up just over year ago.
She and daughter moved back with us.
He is still at Uni full time.
From info given does not have to pay child maintenace ?
The rub is- " has a job" doing bar work at weekends,been going on for 4 months,,has also got. 55 reg BMw car 2 months ago, a "friend" paid for but he pays the running costs.
Has given no money at all to his daughter
What can she/ we do ?seems so unfair

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Nil rate

    This means the paying parent pays no child maintenance because they:
    • are a student
    • are a child aged 16 or under (or 18 or under if they’re in full-time education not higher than A-level)
    • are a prisoner
    • get an allowance for work-based training or Skillseekers training (in Scotland)
    • live in a care home or independent hospital and get help with the fees
    • are 16 or 17 years old and get certain benefits - or their partner gets certain benefits


    Nothing is the short answer. (and his assets are irrelevant anyway, he would only pay on income - a 12 year old BMW is hardly worth much)


    suggestions: Choose better next time and chase him when he qualifies and starts earning
  • The above is only relevant to the 2003 scheme - it's not applicable to new applications to CMS as the rules are different.

    Link to CMS booklet about how maintenance is calculated:
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf

    He would have to pay based on his actual taxable income - then it boils down to whether or not his earnings are cash in hand under the table or if it's all above board and traceable through HMRC?

    If it's cash in hand, the net effect is the same as if he had no income at all. He'll likely end up paying nothing until his circumstances change.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • Fission
    Fission Posts: 225 Forumite
    To be clear: the word "student" in this context (temporary exemption by being assessed as £NIL per week) only applies to full-time students.

    If the person concerned is a part-time (or unofficial) student, he does not get - or merit - the exemption. If there is any reason to suspect lack of full-time status, the mother should appeal.

    Full-time degree courses (if he's on one) tend to last for three years (in a few cases, four). So he'll be probably be finishing in July (that's if he's a full-time student in the first place).
  • boobyd
    boobyd Posts: 262
    First Post First Anniversary Combo Breaker
    Forumite
    Yes full time Uni,4 years Chemical engineering
    Thanks for comments, i is as we thought,just frustrating morally as he gives diddly squat. But can go "home" each weekend (200 mile tound trip) but sees his daughter about every 2/3 months.were a further 90 miles away)
  • Its early days yet. He will get a good job hopefully with that degree and will have to pay maintenance then, so although it's annoying now, he will be in a better position to support his child when he does start work. He has to pay till she's 20 don't forget!
    Overactively underachieving for almost half a century
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