I'm sure this has been asked before, but I've been unable to find an answer so I'm hoping someone can help me.
I am paying maintenance to my ex which has been assessed by the CMS. I am paying by direct pay. Their is no no contact between myself and either the ex or my child.
My child is soon to turn 18 and as far as I am aware is in full time non-advanced education and the ex is claiming child benefit.
The problem is that I have no way of knowing that my child is actually in FT non advanced education or that my ex is claiming child benefit.
I understand and accept that I am legally liable to pay maintenance until my child is 20 years old (and actively in FT Non Advanced education) OR for as long as the ex claims child benefit up to the age of 20 years old.
So, how do I know if my child leaves FT Non Advanced education OR if the ex becomes ineligible to claim Child Benefit?
As far as I can make out from reading the forum, the CMS do not regularly check that claimants are entitled to claim / receive Child Benefit or if any relevant circumstances change which may affect the claim.
This means that I could be paying maintenance when my ex is no longer entitled to receive it. It also means my ex could be receiving maintenance payments whilst no longer claiming Child Benefit or if my child leaves education before 20.
Is there any means of me making a request to a relevant government department for them to inform me if Child Benefit is being claimed for my child? I am on the birth certificate, so can prove a link to my child for this purpose.
Also is there any way of finding out if my child is in full time non advanced education?
How do I ensure that I am not paying maintenance when I do not legally have to?
All advice and information on this topic is greatly appreciated and thankfully welcomed.
If you know where your child studies, you can try to ask them if she is still enrolled there - there's no guarantee that they will co-operate, but there's a possibility that they will. Otherwise, I'm not aware of a way to find out if a child is still in full time education (thought strictly speaking, legally they now should be until age 18).
With regards to the Child Benefit, CSA & CMS are now able to check with HMRC quite easily, so you could ask them if she's claiming - bear in mind that if she's still at college etc, then child benefit would be payable until September for a course that finishes in June/July.