Child Support when child in residential school?

multimum

Hi, hoping someone can help. My son has complex needs and is now in a residential school 52 weeks a year. I am still receiving Child Benefit and Tax Credits for him (was surprised to learn from them that I'm still entitled).

He is 17 and is in full time education. My ex argues that I am not the primary carer, therefore he doesn't have to pay Child Support. I think as the Child Benefit still comes to me then Child Support should still be payed.

Anybody know who's right? Thanks in advance.

shoe*diva79

You are right, all the time that CB is payable, CM is payable. I assume you still pay for your sons clothing and school fees etc?

multimum

His place is funded by the local authority and NHS so no school fees. However travel expenses to visit are quite high plus clothes and extras.

Fission

The correct legal test is the answer to the question "With whom would he be if he weren't at the residential school?".

If the answer is that he would be with you, all those nights count as nights with you and on the face of what you describe, you are still the parent with care and entitled to receive child support maintenance.