Child living with neither parent

Raspberry_Swirl · 27 November 2017 at 1:06PM

My partner pays for his two children in a private arrangement directly to his ex-wife (this was put into a consent order through court as part of the divorce). His eldest is 18 and still in full time education but has now moved into her boyfriend's mum's house, so living with neither parent.

The money my partner is paying to his ex wife is not being passed on to his daughter as she's saying she won't pass it on as her daughter can just move back in with her and be in her care. She's also still claiming child benefit, tax credits and UC based on having two children at home when there's only one now but that's a different matter!

Can my partner pay his 18 year old directly or does this cause other problems?

Thanks

moomoomama27 · 27 November 2017 at 3:43PM

No your partner does not have to pay CM for a child who no longer lives with the RP. As she is in education maintenance is still eligible, but would have to be claimed by the person who is acting as her guardian should they make a claim.

I found myself in a similar situation as yourself and was advised firstly to contact the benefit offices and report the alleged fraud with whatever and as much evidence as you have, because the mother should no longer be claiming any child related benefit for her.
Then contact the court to alert them to this alleged fraud and that you want evidence that the child is still living with the RP - again, provide as much evidence as you can. Of course this would be dependent on the initial court order and the wording used.
Irregardless of the maintenance part, the alleged fraud should be reported.

Hope that helps 😀

Raspberry_Swirl · 27 November 2017 at 3:50PM

That is helpful, thank you

Child living with neither parent

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