TOPIC: When does Child Benefit stop

My court agreement states that I need to pay per child ( 2 ) until each child reaches 18, completes secondary education or finishes a first college course or a degree, whichever is later. My daughter has been in college since 16 so now turned 19 can I stop to pay as college courses are no more than 2 years at a time, asking solicitor again costs so much these days, any advice would be great gents.

I would say that as your daughter is still at college, you would probably need to keep up the payments,

A court order for maintenance, differs from using the child maintenance service (CMS) but if you stopped the payments your ex could apply back to court, or to the CMS for it to continue.

If she went back to court it’s likely they would say you still need to pay and make a fresh order. If she opened a claim with the CMS, they would also say that whilst she is attending college, as long as it’s over 12hours a week, she would be eligible to receive payments from you.

A court order for maintenance can decide on a different amount than the CMS. If you wanted to check how much you might be expected to pay through the CMS you can use their calculator to do that, here’s a link

www.gov.uk/calculate-your-child-maintenance

If the amount is less than on the court order, you can open a claim with the CMS yourself and this would override the court order.

Thanks for the advice, actually this is an agreement made through the court using a pretty poor legal squad on my side . The thing is the definition of completion that has me as my Daughter requires one to one tuition and first thing her Mother did was move her to college without even asking her so in reality what if she tries to keep her there past the 5. Years she is already intended, poor kid does not even get a choice. She has already completed her first course so by the terms in the agreement then I have already fulfilled my obligation to the ex, no ?. Would rather put the money to a third party so I know my Daughter gets it instead of the zero she sees now

As I said, if you stop payments and the mother disagrees and returns it to court, you could even be looking at a larger payment.

As the CMS rules are that child maintenance is paid until 16, or 20 if the child remains in full time non advanced education, its likely the court would agree to a fresh order, as bottom line, she still in education.

Just my opinion though

To be honest, if you think she may go to university, then you could open a case with CMS yourself, as that will then override the court order, which means you don't pay the mother once your daughter goes into university (you could pay your daughter directly to help her through uni, but it's up to you to do so).

Hi not sure how to ask a question on here. My son walked of school in october saying he had left (16 years old and 17 in february). He is now going to go to collage on a introduction to construction course at collage 3 days a week He will receive £40-£45 per week he is also working 2 days a week to learn tiling and getting £30 per day when he is their. I'd rather give him a bit extra instead of giving my ex money as I don't see why I'd give anything to a woman that nearly distroyed me if I don't have to thanks Gogs

Hi there

When a child attends college, that would usually mean that his mother is still entitled maintenance. If she is still receiving child benefit for your son, then you would be expected to continue with payments.

However, as he is getting paid approx £100pw I’m not sure if that would make a difference to her entitlement.

If your arrangement to pay has been set up between yourselves, with no official involvement, then it’s up to you both to negotiate any changes to maintenance.

If it’s paid through the CSA then it would most likely be dependent on whether she is still receiving child benefit. In this circumstance you could give them a call and get clarification of your situation.

Best of luck

Hello Gogs

The information supplied by Mojo is correct, under child support legislation, regular child maintenance payments must be made until your son is 16 years old, or 20 if he remains in full-time (more than 12 hours a week of classroom study), non-advanced education (a course up to and including A-level standard) or for as long as Child Benefit is being paid.

If you have a family-based arrangement in place, which is a non-legally binding arrangement between yourselves, you are able to provide directly to your son, as long as both you and the other parent agree.

However, if you have a case with either the Child Support Agency (CSA) or the Child Maintenance Service, you would need to contact them for confirmation on when payments would stop.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org .

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: www.sortingoutseparation.org.uk/ .

Regards

William

Thanks very much for the info. I'll check things out gogs

Hi There,

looking for some advice, been divorced for some time now, I've paid maintenance for my 3 kids for almost 10 years now.

My youngest left school last summer and turned 16 in September 2018, my ex and I had agreed maintenance for the kids while they were growing up.
Now he is no longer in full time education and legally I no longer need to give her any more maintenance (would rather support him financially directly without supporting her lifestyle). I've continued to keep the payments for the last 6 months.

What happens if I stop making the payments, then he stars going to college in 6 months, do I need to start making payments again legally?

(my ex wife is not to be trusted, there is always a financial angle to be played).

Do you have a private arrangement, or do you pay through the CSA?

I seem to remember reading somewhere that if a child returns to education then payments should restart, but I’m not 100% on that.

We have a private arrangement, I get the feeling she is waiting for me to stop the payments before pushing him to college purely to get more money out of me.

I'm sick of funding her lifestyle when the money isn't being spent on my son.

Maybe safer not to risk getting shafted.