CSA rule you do not need child benefit to claim!

Dadoftwo_2

The way to solve the problem is to pay my daughter who is an adult herself now and I can pay her directly. Yes, my problem has been my ex wife going on holiday 8 times abroad in the last two years and only taking my daughter with her once and leaving her at home. I don't want my children to suffer and my exwife is lucky to have a good income, but living in the same home does not mean day to day care is happening, it is simply sharing a room under the same roof. I do support my children and they are very important, it is also important that the mother supports them too. It does not cost much more in household utilities to let my daughter stay in the same home and she does not pay council tax while she is in full time education. As she is an adult and a parent with care herself I will pay her directly and it is up to them to sort out the ins and outs of how bills are paid. Thank you all very much for your help in giving me some thought and time on this matter, it has been really helpful. A private arrangement with my daughter is the way to go and then I can continue this through university for my daughter. Thank you

HoneyNutLoop

Do you understand that if the CSA, via the Tribunal decision, have calculated you need to pay maintenance through them and you don't, they will enforce payment? If you are in PAYE employment, they will do this by deducting it at source. They also will not count any money you pay your daughter as in lieu of your child maintenance bill.

Lovetoread

Oh, for the love of God DO NOT PAY YOUR DAUGHTER DIRECTLY!

HoneyNutLoop is right, the second you stop paying your ex you start to occur arrears so will end up paying twice.

I understand you're in a difficult position and doesn't seem fair to you but you HAVE to accept you need to pay your ex child maintenance. You're making this harder for yourself.

karenodo

New legislation introduced in 2012 recognises child Ben I can't post a link as a new member. A person must satisfy child benefit to qualify

HoneyNutLoop

karenodo wrote: »

New legislation introduced in 2012 recognises child Ben I can't post a link as a new member. A person must satisfy child benefit to qualify

I'm guessing you mean the Child Support Maintenance Calculation Regulations 2012, specifically regulation 76. This statutory instrument is not relevant in the ops case, as it only applies to cases administered by CMS under the 2012 scheme (see regulation 1 - citation and commencement). The op has a 2003 scheme case, so Section 55 of the Child Support Act 1991 applies in his case.

jacquelinenicholas

too complicated for me to read but my husbands youngest daughter aged 16 had had a kid, do i stop csa ? she lives with a controlling mother, (oh please before you say anything yes there are controlling people as you well no). cant be bothered with it anymore, its a tax on kids

13Kent

It comes down to the fact that the system isn't fair and it can't please all of the people all of the time. We were paying CSA for an 18 year old 'child'. That 'child' was in work and receiving a wage on a apprenticeship scheme. Also the 'child' had moved out of the mother's home. BUT as we couldn't prove that and the mother was still receiving child benefit (fraudulently I presume as the child in question wasn't living with her) CSA was still payable. It finally ended when the 'child' got to 19 and we informed the CSA of this - it didn't automatically finsh when the child reached 19.

Dadoftwo_2

Hi, I have found other posts relating to this. The current law relates to this web page, when a young person receives benefits in their own right they cease to be a child for the purposes of the CSA. As my daughter is a parent herself and receives Income support and child tax credits the law states child support ceases.
http://www.hmrc.gov.uk/manuals/remanual/re1198.htm

shoe*diva79

You should still wait until the CSA end your case. If you have overpaid then you will receive the money back.

shoe*diva79

jacquelinenicholas wrote: »

too complicated for me to read but my husbands youngest daughter aged 16 had had a kid, do i stop csa ? she lives with a controlling mother, (oh please before you say anything yes there are controlling people as you well no). cant be bothered with it anymore, its a tax on kids

Not really a tax on kids is it? Your husband has been paying a contribution towards his daughters upbringing. Sad to hear that you cant be bothered anymore, but i'm sure your husband will be able to sort out via the CSA anything he is still due to pay.