Child Maintenance Payments

mao1978

I’m bamboozled and keep finding conflicting information so hoping someone can confirm my question(s).

I have an 18 year old son that is about to leave College and begin studying at University in September. He will no longer be living at home with Mum. 

I make my payment on the 27th of each month. 

Do I need to continue paying Child Maintenance? 
If not, When should I make my final payment?

Thanks to anyone that can shed any light. I just want to pay what’s due up until the right time. 

tightauldgit

Your requirement to pay ends on the day they leave College. Or more precisely the day the final term ends I believe.

Anything you pay beyond that is entirely voluntary  

mao1978

Thank you for your response. 

I called the CSA yesterday that just confused the situation even more! They’d said that “because there is no arrangement where they were involved, there’s no legal requirement for me to pay” but if I did stop and they would become involved, it would then be a legal requirement (how bonkers is that?!)

Whilst I understand that this may be the case, I am not looking to cease payments because I can legally, I’m more than happy to support my son until I “should” and if my son has left home, I see no reason why I should be paying via  “Mum”

I was told that payments should continue dependent on what University course has been selected and apparently, a BA that is considered to be a degree would mean exemption (as it is classed as “advanced” education). 

Lastly, I was advised to have a conversation directly with “mum” as we have a reasonable relationship. Difficult is, that when money is involved, it’s a different mood altogether! 

This whole subject needs to be simplified. 

tacpot12

The CSA advice was unhelpful, but what they mean is that while you are required to pay child maintenance, if you stop, they will get involved (if the other parent requests them to do so). Once you are no longer required to pay child maintenance they cannot get involved.

Most University courses will be regarded as advanced education and your will not be required to pay child maintenance after your son's course at college formally ends, providing their university course is an advanced course. If you reply with the name of the course and the qualification it leads to, someone will be able to confirm whether it will end the requirement to pay child maintenance for you. You just need to be aware that while the requirement to pay child maintenance ends when their college education ends, it can restart (and run to the age of 20) if they commence an approved education course, e.g. they swap courses or start a new one. 

You say that your son will no longer be living at home after his college course ends. Where will he be living outside of term time? If he is still going to be living at home with Mum until he starts his course, and then during holidays, it might  be better to offer to contiune to pay some maintenance to his Mum and some to him for these holiday periods; say  £20 per week to Mum and £20 per week to him for the time he is at home. She might suggest an alternative arrangement where more or all the money goes to him, but its an offer she has to either accept or lose any contribution from you, assuming you are no longer legally required to pay any child maintenance. 

tightauldgit

Haha the joys of phoning CMS - wait on hold for an hour and a half and then speak to someone that leaves you more confused than when you started. Had that experience already this week. 

To clarify what they've said, I presume you do not have an open CMS case and that you have been paying via a private arrangement to the mum direct. So.... 

1. If you stop paying when payment is due, she can raise a claim with CMS and then they would get involved
2. But once your child is no longer legally your responsibility to maintain then obviously CMS won't be interested. 
3. Assuming your child is going to uni to do a degree then you won't have any legal obligation to pay support 
4. Your obligation stops when they leave approved education or training - i.e. when they leave college. 
5. What you CHOOSE to do beyond that is completely up to you - you can pay nothing, you can pay something direct to child, you can pay something to mum 

ZaSa1418

Child Maintenance stops (if you were using the Child Maintenance Service) when your ex no longer receives the child benefit for your son. 
When your child leaves approved education or training, payments will stop at the end of February, 31 May, 31 August or 30 November (whichever comes first). - from the gov.uk website 
I would guess 31 August is when she would lose her child benefit (unless his course at college finishes before 31 May) and therefore that is when your payments to her stop.