Given that my ex will do everythng she can to keep getting paid child maintenance and my son wont go against her, how would i actually know or check whether he is in full time education or not?
This link might help.......
Not mch help that one. Once the child is 16 they have the right to tell school etc not to provide you with any information at all.
How old is your child? Have a look at this link, it will depend on when your child was born as to whether they have to remain in full time education until they are 17 or 18.....Obviously, it won't help with finding out where they are being educated....
Hello Georgieporgie
It would be difficult to get that information without your ex or son giving it to you, however, if you have a statutory maintenance arrangement in place, there is a legal responsibility to inform the agency involved of any changes that would alter the amount paid or when the payments should end.
There should also be a review of the arrangement yearly, you could try speaking to whoever arranged your maintenance about this issue.
If you have a family-based arrangement in place, it is up to the two of you to decide when and how your payments are made and also when the arrangement will end, as this type of arrangement is not legally binding.
You can find further information about the options available to arrange maintenance on the Child Maintenance Options website http://www.cmoptions.org.
The Department for Work and Pensions (DWP) have a web application, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.cmoptions.org/en/sortingoutseparation/index.asp.
Regards
William
Hello Georgieporgie
If you have a family-based arrangement in place, it is up to the two of you to decide when and how your payments are made and also when the arrangement will end, as this type of arrangement is not legally binding.
Regards
William
Yes it was basically voluntarily, i.e. not through the CSA, it was discussed in the family court, although i cant remember and would have to check what was stated in the judges ruling, if anything.
If it's not through the CSA, I would have thought you could tell your ex to provide proof of entitlement or you will cease paying. She has the following options:
1. Provide you proof
2. Apply through the CMS - she will have to provide proof to them
3. Apply for enforcement through the court if it was written into the order - if she is entitled t child maintenance still, then the court could hit you for arrears (but you would sensibly pay the monthly amount into a savings account until it's resolved), and technically, the court could order you to contribute towards her legal costs. However, you would be able to show that the case only came about because of her refusal to provide proof of entitlement, and that if she had done so, then you would have paid on time - on that basis, the court may not make you pay her costs, but you are taking a gamble on this.
Of course, she may back down because she isn't entitled to claim, in which case you are in the clear.
I've since learned that my child will be on a uni foundation course and have checked with the CSA (although our arrangement was not through the CSA). According to the CSA I am no longer legally bound to pay.
Try to get that in writing from them - and keep reminding them until you do. Last thing you want is for them to change their mind (has been known).
How canI find out if my son is in full time education also what is the legal age to carry on paying maintenance please
It's quite difficult to find out whether your son still attends full time education, without his mothers cooperation, you could try asking the local education authority, it I'm not sure if they have to provide that information.
Maintenance is payable up until a child is 16, or up to 20 if they remain in full time, non advanced education. Full time means anything above 12 hours a week and non advanced is up to and including A level, college and some approved apprenticeships.
My child was 16 in May. Never seen him since he was 2 years old. Paid CM to his Mum every month. Asked her if he was going to college etc. Got the usual abuse by text and no proof. Not paying the September 1st payment tomorrow and telling her if she wants any more money to open her case with the CMS or take it to court. That way she has to prove full time education. Calling her bluff.