To pay or not to pay

Rare_3

Hello all... again!!
I posted on here not so long ago "CSA Calculator"
Some of you may remember.
Boy is my life complicated

My ex wife kicked my son out for his behaviour and came to live with me.
I instantly stopped the maintanence as I pay into her bank account on a mutual agreement.
After some time he went back to his mother who is now chasing for payments to be reinstated.
However.. He no longer goes to college and doesn't yet have a job (yes, he's a lazy bum). He has just turned 17.
Do I still have to pay maintanence under these circumstances?

Best regards,
Rare

dimbo61

Yes ?
If his mum can get child benefit then she can put in a claim through the CSA for 15% of your net take home pay from the time the CSA send you a form (assesment).
If your son puts in for JSA ( job seekers allowance ) then she cant claim CB
Best to put 15% of your income in a savings account for now!

Rare_3

Thanks for your responce.
I always thought if a child isn't in college or in work, then PWC can't claim benefits as its not the states fault that that child is a bum. So if she can't claim benefits.. she can't ask for maintanence!
I understand where your coming from with putting the money aside.
I promised him I would pay for all his driving lessons if he got a job, but this still isn't enough to get him off his backside... Sadly.

Regards,
Rare

kingfisherblue

I would say no, you don't have to pay CM. Presumably your ex doesn't receive CB for your son, as he is no longer in full time education, so it is unlikely that you will have to pay CM. The CSA website states that CM must be paid if a child is under 16 or under 19 and in full time, non-advanced education

http://www.csa.gov.uk/en/case/leaving-education.asp

Your son does not appear to fulfill either of these requirements, so I read it as no CM to be paid.

edit: I have just checked the CB website as well, and in certain circumstances, CB can be paid if a child leaves college, but this extension is only for 20 weeks and has to be applied for. So if your ex has applied for it, and receives it, you might have to pay CM for the twenty weeks

http://www.hmrc.gov.uk/childbenefit/keep-up-to-date/when-child-aged-16/leave-education.htm

Rare_3

Thanks for that.
I might just phone the csa anonymously and try to find out for sure as I hate not being 100% sure.

Regards,
Rare

Loopy_Girl

There was a similar question asked recently and again there was conflicting info.

Generally CSA is not paid unless CB is getting paid and if a child is not in school/college and still living with the PWC then you would think that CB could not be claimed.

One of the other posters, Shell, found this on the CSA website
From their website ...

Child


For child maintenance purposes, a child is anyone under 16 or someone between 16 and 19 who:

• is not, nor has ever been, married or in a civil partnership, and
• is in full-time non-advanced education.

Also, anyone aged 16 or 17 who is not in education, is not working and does not receive employment-related benefits is defined as a child for child maintenance purposes.


Thanks Shell!

I suppose it could be argued that in England (which I am assuming you are) a child is not considered to legally be an adult until the age of 18

As usual, the CSA don't know their @rse from their elbow so you are probably better off phoning. In fact, if you can write/fax and then get it in written word back would be much better. You can ask 5 CSA employees and get 5 different answers someti,es but if you have the answer in writing then they really can't go back on a decision. (theoretically;))

EDIT - Have just noticed that you are in Wales so the rules for Wales and England is that a child is not an adult until 18. In Scotland, after a child is 16, (which is then considered to be legally an adult) they can pursue the NRP directly for maintenance.

Rare_3

Loopy_Girl wrote: »

Have just noticed that you are in Wales so the rules for Wales and England is that a child is not an adult until 18. In Scotland, after a child is 16, (which is then considered to be legally an adult) they can pursue the NRP directly for maintenance.

That's a fantastic point!!
You just reminded me. I heard of a case like that not so long ago.

I'll send them a fax instead.

Best regards,
Rare