Child maintenance annual review General query

mr_stripey

Nobody'sBusiness said:

Oh btw Mr Stripey, things were fine when he had 50/50 shared care but you have no idea of the dynamics here resulting in them choosing to live full time with their mother. They have been influenced in this decision. Think it couldn't happen to you? It could. Never would have believed it could happen here either but it has 🤷

You are correct - I have no idea of the dynamics in this case. Speration and divorce are fraught with biterness and resentment (as in my own case) I was simply adding my opinion as this is a discussion forum. If you friend needs more detailed advice on their specific situation then maybe they should contact a family solicitor 

I think @BrimfulofSascha has already given the detail of how the calculations are made.

swingaloo

If you look at it another way he is paying just over £90 per week per child. Going off what you have posted they must be teenagers who between them probably cost that just to feed and clothe.

So she is paying for keeping a roof over their heads, utilities, spending money, mobile phones, travel expenses, clubs,  haircuts,  any lessons/activities, trips out, cinema etc. subscriptions and the million and one other things teenagers want or need these days.

Do you still think its unfair?

Nobody'sBusiness

I don't get it... How has taken no responsibility after looking after them all their lives, sharing  50/50 care after the separation when the eldest was 8 until she was 16 when she decided living with her mother would be more convenient so she can give her a lift to college on a morning? I don't recall using the term brainwashed on here but perhaps you're right. Was their mother being generous when she gave him £40 a month for the eldest for that year? He didn't go running to CMS asking them to delve into her earnings so he could demand the 12% he'd have been due for her, whilst still sharing 50/50 care of the young one. He's not trying to get out of paying for his children just trying to get by in way that doesn't result in him having to sell his  home. 
I seem to have triggered you here... Maybe you need the therapy! 
I don't need your advice or judgements. I wanted clarification on what the hell it means when it mentions Maintenance only goes up or down when there's at least 25% increase or reduce in income but I'm getting no sense on here, only "insults" with your little quote marks around friend 👌👌

swingaloo

What he decided to accept from her at the time was completely down to him and its no use crying afterwards that it was unfair. Maybe he is a nicer person than her.

No one has suggested that he is trying to get out of paying for his children and actually you did say earlier on the thread that she had brainwashed them.

The situation wont last forever but the bitterness in your posts is astounding and you obviously feel anger to both his ex and to a degree also his children. Maybe therapy is a good idea.

However, as you cant get the reply you want and cant find the answer on Google how about doing something really obvious and ring the CMS to get an answer to your  question.

BrimfulofSascha

Sticking  to facts, your friend should be reporting any change of income to the CMS immediately, and not waiting until the annual review.
I understand that supporting children is costly, I understand that this could result in financial hardship. Like I said in my first reply, given he currently has no caring responsibility for the children, an extra job would help mitigate this, again with the understanding that a percentage of this will be taken in maintenance.
You have said that the daughter is now 16 so this is only a short term issue.

I didn't say he hasn't taken responsibility for the children in a caring capacity, I was stating that your comments suggest a lack of responsibility or awareness of the nuances of the situation at present. A teenage girl wishing to reside with a mother isn't really a surprise given the differing needs a teenage girl has that an adult man has little experience of. Choosing not to claim maintenance when the child resided with the father was a choice he had made.
Going to CMS isn't vindictive, it puts a third party in place to mediate, given the anger in these posts it is probably a good idea. It makes sure that the NRP isn't paying too much and keeps record of payments so there isn't discourse later for non-payment.
Your friend needs to be contacting CMS to let them know change of circumstances and asking for advice on hardship issues, alternatively for the latter contact CAB..

RAS

The OP is the father's mother, based on another post, and the girls are her grandchildren.

Spendless

So the eldest returned to live with their Mum.in 2023 when they were 16 in order to get a lift to college. 

In that case college should be over soon either this year or maybe next and child maintenance wont need to be paid for this child anymore. 

Nobody'sBusiness

Spendless... she returned to her 50/50 in 2023 then after a year both children decided to live with her full time.
There's at least another year of college, more if she stays on there. I'm hoping she will go to Uni or higher education. He'll get through this. I just don't want  him to sell his house in the meantime. He's always been a good provider for his children, just a shame he'll no longer be able to afford to treat them as was previously the case 

Spendless

Nobody'sBusiness said:

Spendless... she returned to her 50/50 in 2023 then after a year both children decided to live with her full time.
There's at least another year of college, more if she stays on there. I'm hoping she will go to Uni or higher education. He'll get through this. I just don't want  him to sell his house in the meantime. He's always been a good provider for his children, just a shame he'll no longer be able to afford to treat them as was previously the case 

Child maintenance is linked with child benefit. The resident parent is eligible for CB during the child's further education years (college/sixth form) but not higher education (Uni). Most further education courses are 2 years long (A levels or equiv) but some kids do take an additional year usually cos they need to retake a year/gain/extra qualifications/change their mind and switch courses.  This seems such a comparatively  short time away that is your son is struggling due to his mortgage costs then he should speak to his  mortgage provider and see if there's a way to make it cheaper for him for the next couple of years. 

I've copied info about when CM stops being paid from the Gov website below.

https://www.gov.uk/child-maintenance-service/when-child-maintenance-stops

When child maintenance stops

Child maintenance stops on 31 August on or after your child’s 16th birthday if they leave education or training.

It can continue until your child turns 20 if they stay in approved education or training.

Child maintenance is linked to Child Benefit. This means you need to tell HMRC about changes to your child’s education or training, not the Child Maintenance Service.

You only need to tell the HMRC Child Benefit service if your child:

• turns 16 and stays in approved education or training - so child maintenance and Child Benefit continue
• leaves approved education or training later, before they’re 20

If they leave education or training later, child maintenance stops on the last day of February, May, August or November (whichever comes first).

The paying parent may still need to make some payments after regular child maintenance payments stop, for example because they missed payments in the past.

Approved education and training

Education must be full-time (more than an average of 12 hours a week of supervised study or course-related work experience). This can include:

• A levels or similar, for example Pre-U, International Baccalaureate
• T Levels
• Scottish Highers
• NVQs and most vocational qualifications up to level 3 - excluding intermediate and advanced apprenticeships
• home education - if it started either before your child turned 16 or after 16 if they have special educational needs and disabilities
• traineeships in England

Your child must be accepted onto the course before they turn 19.

Child Maintenance stops if your child starts studying an ‘advanced’ course, such as a university degree or BTEC Higher National Certificate, or if a course is paid for by an employer.

Approved training should be unpaid and can include:

• in Wales: Foundation Apprenticeships, traineeships or the Jobs Growth Wales+ scheme
• in Scotland: the No One Left Behind programme
• in Northern Ireland: PEACE IV Children and Young People 2.1, Training for Success or Skills for Life and Work

Courses that are part of a job contract are not approved.

Nobody'sBusiness

Thank you. I think he's planning on speaking to his mortgage provider 🙏