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  • FIRST POST
    • LAST
    • By LAST 13th Feb 18, 8:25 PM
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    LAST
    Child Support after A level exams end? Timing
    • #1
    • 13th Feb 18, 8:25 PM
    Child Support after A level exams end? Timing 13th Feb 18 at 8:25 PM
    Hi, having paid continuous CMS payment for my now 18 year old son, I recognise that my legal obligation for payment ends, as he leaves full time education(A Levels) , he plans to go to to university(further education) in September all being well.
    His last exam is June 17th 2018.
    My ex wife refuses to talk to me about any such matter regards my want to continue support for his university journey- this would not be to her directly but of course to my son or for example his landlord?.
    My question is, to process(the law) do I consider the 17th June date as final payment to my ex wife given he has left full time education- this seem reasonable to me but what is my legal obligation?
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    • jimd-f
    • By jimd-f 14th Feb 18, 7:49 AM
    • 152 Posts
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    jimd-f
    • #2
    • 14th Feb 18, 7:49 AM
    • #2
    • 14th Feb 18, 7:49 AM
    even with his last exam in june he is still classed as being in education until at least the first week in september as child benefit will still be in payment until that time.
    until then it is not deemed a final decision as to whether he will go to university or would continue in full time education has been made and the situation re whether child benefit continues is resolved.
    if he goes to college instead of university you could still have to pay until he is 20.
    so the short answer is that you cannot stop payments in june.
    • LAST
    • By LAST 9th Mar 18, 5:18 PM
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    • #3
    • 9th Mar 18, 5:18 PM
    • #3
    • 9th Mar 18, 5:18 PM
    Thanks jimd-f
    My case is due for Annual review 27/7. The plan is for my son to go to uni- he has 5 offers. As such should that annual review not also consider the likelihood of the funding I presently pay to my ex wife ceasing. I fear if it does not then the schedule of payments as will then follow might lead to a false expectation and some ugly scenes from my ex wife with regards to the disappointment she will then feel- point being, surely an annual review which forecasts into the future should consider all inputs?
    Last edited by LAST; 10-03-2018 at 8:52 AM.
    • jimd-f
    • By jimd-f 10th Mar 18, 8:53 AM
    • 152 Posts
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    jimd-f
    • #4
    • 10th Mar 18, 8:53 AM
    • #4
    • 10th Mar 18, 8:53 AM
    CMS do not speculate on what will happen with your child, but react to events.
    you will get a new schedule based on you still being liable to pay for your son until they are told he has ceased full time education and that child benefit has stopped.
    you need to be on the ball and as soon as it gets to 3rd sep and you have confirmation that your son is going to university you need to contact CMS and advise them of this.
    you should discuss with them at that time whether there are any arrears on the case that still need paying before you take any action to stop payments to them
    you should note that although you can "prove" your son has gone to university the payment of child benefit is the yardstick used by CMS and you may need to contact the Child Benefit department directly to report your ex if you cannot get anywhere with CMS.
    • WYSPECIAL
    • By WYSPECIAL 10th Mar 18, 10:45 AM
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    WYSPECIAL
    • #5
    • 10th Mar 18, 10:45 AM
    • #5
    • 10th Mar 18, 10:45 AM
    If he leaves full time non advanced education after A 'levels then CMS stops on first Monday in September which this year is 3rd.

    CMS isn't payable if he goes to uni or does a course higher than A level.
    • LAST
    • By LAST 11th Mar 18, 9:36 AM
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    LAST
    • #6
    • 11th Mar 18, 9:36 AM
    • #6
    • 11th Mar 18, 9:36 AM
    Thanks Jim, think Id argue that indeed CMS were speculating on the years events ahead by their very nature..however

    "you should note that although you can "prove" your son has gone to university the payment of child benefit is the yardstick used by CMS and you may need to contact the Child Benefit department directly to report your ex if you cannot get anywhere with CMS."

    Specific to this point, who would notify the child benefit department I assume that both parents can do this?
    • pmduk
    • By pmduk 12th Mar 18, 5:22 PM
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    pmduk
    • #7
    • 12th Mar 18, 5:22 PM
    • #7
    • 12th Mar 18, 5:22 PM
    I understand it is the recipient who has the legal obligation to report any change of circumstances. You could also contact CMS on or after Sep 4 informing them that child benefit is no longer payable and thus your obligation to pay support has ended.
    • MataNui
    • By MataNui 14th Mar 18, 12:33 PM
    • 958 Posts
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    MataNui
    • #8
    • 14th Mar 18, 12:33 PM
    • #8
    • 14th Mar 18, 12:33 PM
    If all goes correctly your liability will end in September. CMS will notify you when it does. Expect some delays as all cases end at the same time so come September they will have a load of work to do.

    Yes. They will do what suspect. You will get a new payment schedule for the next year even though you will only have 2 months to pay. I got a new payment schedule for the next year 3 weeks after i had the letter telling my my case was closed.
    • LAST
    • By LAST 15th Mar 18, 5:06 PM
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    LAST
    • #9
    • 15th Mar 18, 5:06 PM
    • #9
    • 15th Mar 18, 5:06 PM
    Thanks- I understand.
    I think that CMS might want to review their processes, issuing payment expectation to my wife as a forecast when the reality is far different will inflame an already hostile situation(ex to me) when that's truly not in the best interest of anyone- to be clear since separation I have made every payment required, indeed my ex wife engaging CMS reduced the payments I had previously made, this isn't about me trying to avoid my legal or moral obligation/commitment, more so me trying to manage expectation to avoid confrontation, but it seems a not to be.
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