Liable for Child Maintenance after child has left receiving parent's care

Moog63

I was paying Child Maintenance for my daughter, aged 18 up to the point she left school at the end of July 2023.  This was paid direct to the mother, but managed through and ongoing CMS claim.   I'm aware that the daughter left her mother's care at the start of August and hasn't returned.  She initially went to stay with her Grandfather in London, paying rent from her savings to the mother to help with the bills as the Grandfather wasn't capable of paying himself.  

Now the CMS are claiming I need to pay CM for August and September as it coincides with the "two months grace that Child Benefit is paid after leaving school" and whilst there's CB being paid, CM has to be paid too.  I don't see how I can be liable to pay maintenance for a child that wasn't living with the mother, and in fact was paying her rent to stay at her Grandfather's!
Is this right??

Any advice will be gratefully received.

tacpot12

In essence, they are correct. The rules are that you have to pay Child Maintenance to the other parent until that parent stops receiving Child Benefit for the child. This thread confirms this: 

When does child maintenance (CMS) stop after a child leaves education? – – Child Maintenance – DAD.info Forum

However, the thread also mentions that the end date for Child Benefit should be around 4th or 5th September (but that this date might vary each year). You are probably not going to be able to call the Child Benefit office to check when CB will end for your child; only the parent receiving the benefit has a right to be told, this, but you could try as the information doesn't seem to be sensitive. However, the rule is likely to be that you have to pay mainteance for the period that CB is paid for (I'm not sure, but the CMS will be able to confirm). CB is paid every 4 weeks, so a payment on 4th Sept will require a maintenance payment for the whole of September. 

While this all seems unfair under the circumstances, the payments for August and September should be the last ones you have to make (for this child), so I'd suggest you get them paid and start celebrating!

Spendless

Child benefit doesn't stop being paid as soon as the child leaves sixth form. The last date it's paid is usually early Sept as above. Whilst CB is being claimed (which it was by your Daughter's Mum)  you are also liable to pay CM. I'm totally confused who was paying rent to who. You daughter was paying rent to her Mum out of savings though she was living at her Grandad's?? That's a different matter though than if you're liable to pay CM. 

Moog63

Thank you for your comments. I’m almost resigned to the fact I’ll have to pay, but I won’t give up without a fight! 

The daughter was paying rent to the mother whilst staying with her grandfather who had developed a drug addiction and wasn’t capable of looking after his own bills apparently, so the mother was paying them. It’s a crazy story, but nothing surprises me anymore in their family!  The mother basically bled her daughter dry of her savings, earned whilst working part time whilst at school. 

Spendless

Tbh I don't know that you have any grounds for a fight. Strictly speaking should Mum have allowed Grandad to claim CB for the time between sixth form ending and early Sept, possibly. Realistically given the few weeks between these dates was that going to happen - I doubt it.

Morally should Mum have paid Grandad's bills from the CB and other child related income she received (which might have included CM) instead of asking her daughter to raid her savings instead - yes, probably.

The only bit I might question  why,  is if CB stopped being paid early September, do you have to pay maintenance for the whole of September rather than just part of it/  - but I don't know the rules so might be worth asking the question. 

sheramber

Mother’s claim to child benefit should have stopped when the daughter moved lout, unless the mother was still supporting her . 

Since the daughter was not living at home but paying rent money to her mother, the mother could not claim to be supporting her.