When does Child Maintenance stop?

sarflee

Mr_Green_Genes wrote: »

For the avoidance of doubt, here is the relevant part of the Children Act. Schedule 1, Paragraph 2.

"2.—(1) If, on an application by a person who has reached the age of eighteen, it appears to the court—

(a) that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b) that there are special circumstances which justify the making of an order under this paragraph,

the court may make one or both of the orders mentioned in sub-paragraph (2).

(2) The orders are—

(a) an order requiring either or both of the applicant's parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;

(b) an order requiring either or both of the applicant's parents to pay to the applicant such lump sum as may be so specified."

It also states that no order can be made if an order under any regime for periodical payments was in force before the child was 16, or the parents live together. So I'm assuming that if a CSA order was in place when the child was 16 no further order can be made, or am I misreading this?

AMMMIE

Hi and sorry to jump onto this thread, but a lot of what I read makes sense, and more than I can find elsewhere!!!

I am the NRP, I have maintained my child for 15 years without question and I have never been allowed access! However I had to make a choice years ago for my own sanity! However, I had a payment returned to my account last year when my child turned 17, I was informed that he had started full time employment, although I have had NO direct contact with him, his mother or any relatives and there are no common friendships!

Several weeks ago I received a letter from his mother, via my mothers address, to inform me that she wanted payments to start again, which I have found out I have been paying into an account which is not the mothers for many years!

I cannot find any information to answer my questions, which are...

1. Is CB paid to the mother or the child, if they have left school, gained employment and then went back to full time education after leaving employment?
2. Does the child claim benefits after working? Do they have the right to claim CB?
3. As our agreement has been private and I have paid into a third party account, does this sound like the mother has not been upfront to the BA about receiving my payments?
4. Will the CSA make a new claim on a child who has already turned 18, given the circumstances above, Re: employment?

I have no issues supporting my child through education, what I do have issue with is the mother taking anything she can from me! ...and not claiming this to the Benefit Agency!

I understand the full Further Education and 19 year old scenario, but this is not quite that straight forward!

Any help is much appreciated!

Thanks you:)

kelloggs36

Have PMd you.

Swampmonster

kelloggs36 wrote: »

I will cease when the Child Benefit ceases. There is a list of non-advanced education on their website. If HNC is not listed then liability should cease. Normally it ceases if the child is 16 and goes to work, or up to 19 if in full-time non-advanced education (which includes A levels or equivalent, but Higher education does not count as non-advanced).

Just so you know the CSA are are not automatically told when Child Benefit is no longer paid. I was told this by CSA ' helpline'.

AMMMIE

Swampmonster wrote: »

Just so you know the CSA are are not automatically told when Child Benefit is no longer paid. I was told this by CSA ' helpline'.

Thank you both for the replies! Much appreciated!

My situation is that I have never been involved with the CSA and after 15 years of maintenance payemtns, the mother returned payment last year when my son started full time employment at 17 years old. Now he is off to full time education and the mother is demanding payments resume or she will go to the CSA. So i am probably more in the dark than most as I have never been involved with and agency, benefits or anything like that. I'd rather not pay now, however am happy to support my son through college, but would rather pay him direct, but the mother is not having any of it as she wants the monies for herself, under the pretence of it supposed to be to support my son. Just totally !!!!ed off now, angry and is now affecting my own relationship whcih has been the best, with two young sons and don't need this Bit** scaming me!

FYI
I have always maintained my son, no missed payments and certainly not grudged by any means. 15 years without any access at all!!! After reading and researching sites and forums like this, I can see the vast array of issues from both sides PWC & NRP, but I can also see the manipulation both parties can play. Just so you know, the mother has always been living off the state, my payments, according to the CSA calcualtor, were almost exactly what this worked out to be, whilst NOT Taking into account my other two children! So my anger is NOT at maintaining my son to this woman, it's all about the Mother who someone without standard, respect and who thinks the world owes her a favour. I dont have a highly paid job and work hard for every penny I earn.

So if any self righteous people want to comment, fell free. I am happy with who I am, what I have done over the years regarding maintenance and the effort and heartache I have been through to see my son! I know everyones situation is different, and I KNOW what I'v been through!

People talk about problems with the CSA for both NRP's and CWP's, but sometimes, just sometimes common sense should prevail and individuals like the one I am talking about really should be taught a lesson! Defrauding the BA for 15 years and nothing will happen, not brought to task and no investigation! WHY? Why are they above or immune to the laws of the land? I'm sure i am not above the law and I think myself lucky not to have been involved with the CSA, but at the same time I wish I was, given the level of payemnts I had made over the years!

SIGHS!!!!

sfm82

You need to calm down AMMMIE!

Firstly have you been recording these regular payments for the upkeep of your son as 'child maintenance payments'?

If you feel comfortable enough why not call her bluff and call the CSA about it and ask if you need to resume payments since he was employed for a period and then returned to education.

Is there anyway that you can contact your son so you can arrange pay him directly?

AMMMIE

sfm82 wrote: »

You need to calm down AMMMIE!

Firstly have you been recording these regular payments for the upkeep of your son as 'child maintenance payments'?

If you feel comfortable enough why not call her bluff and call the CSA about it and ask if you need to resume payments since he was employed for a period and then returned to education.

Is there anyway that you can contact your son so you can arrange pay him directly?

Hi sfm82,

Hindsight is great and no I have not been marking these payments as CM! After all the research and reading I have been doing over the past few weeks, I have realised a lot of things I should have done but was not aware of, remember this has been 15 years when no real information was available nor advice on these matters.

Going forward, I have decided to pay to maintain my child through college and am now in receipt of his own bank details (still to be checked though). I will be marking these as CM payments and keeping all correspondence from here on in. I am happier with this scenario knowing that he will be getting the benefit of the money.

Regarding the Education/Work issue. I have been in touch with the CSA and asked many questions. Being in full time employemnt and then leaving to attend a full time educational course makes no difference. If the child is under 19 years of age, not employed and in full time education, then CB is appropriate and the mother can make a fresh claim until the child turns 19.

For me, the maintainence payable directly to my son is good, however the LAW here is an !!!! As soon as a CHILD enters employment the LAW recognises the child as an adult, however as soon as the child re-enters education, the LAW reverts back to recognising them as a child.

There are huge grey areas surrounding the whole issue of CM, CB, CSA and ALL that goes with this. I can only pass on my best wishes to ALL of you who are going through this, whether you are the PWC or the NRP and especially the children involved who have no voice no matter the age. Not for a second are anyones best interests at the fore in these situations (from the authorities point of view)!

I hate to say this on here, but I am glad never to have been involved with the CSA over all this time, I don't consider myself lucky either, as I have a grown son, and I'v missed out on all of him..not lucky at all!!!!

It obviously suited the other half of this relationship to continue with our private arrangement, as she must know how to work the system to her benefit!!!

To you all GOOD LUCK and thank you!!!

KKubix

Despite having read all the comments, I am still unclear how we are affected so I'd appreciate some help please.

My partner's daughter leaves school officially today (May 2010) returning only to do her A'Levels over the next couple of weeks. She will not be 18 until July. She is plannng on going to university in September. She currently has a couple of part time jobs which she may increase in hours until September.

My partner has been paying maintenance outside the CSA for over 15 years.

When should he stop paying?

Many thanks

Caz3121

if she is under 19 I believe the maintenance is due to the first Monday in September when the child benefit stops

bdt1

I was led to believe maintenance was due, if a 18/19yr was in qualifying education, until the Monday following their 19th birthday, then it stops.

Is this not the case?