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TOPIC: Just discovered daughter didn't go to college

Just discovered daughter didn't go to college 4 weeks 8 hours ago #97948

  • DadHelp
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Hi guys

Just need a little advice re child maintenance rules. I've just discovered that eldest daughter who is now 17, left her college course after around 2 weeks back in Sept 2018 & is now working. I'm guessing the mother didn't share this crucial information due to the fact the the CMS rules state that CM stops when the child reaches 16 unless they are in full time education. So my question is, am I now legally allowed to stop paying CM for her & also, would I be eligible for reimbursement of payments that I've made since September 2018 until now?

Thanks

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Just discovered daughter didn't go to college 4 weeks 7 hours ago #97949

  • Mojo
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Hi there

I would give the CMS a call and ask them if the mother has told them about the change. If she hasn't and is also still claiming child benefit for your daughter, they may not recognise that your child is no longer eligible.

If the mother has had an overpayment, you would probably need to ask her for reimbursement. The CMS won't see it as their fault if she didn't inform them of the change. You should bear in mind that child maintenance payments do continue for a few weeks after the date a child leaves education, to allow time for the transition.

Best of luck
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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Just discovered daughter didn't go to college 3 weeks 4 days ago #98011

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As mojo says, the CMS aren't liable to pay you back the overpayments, but if they can get confirmation that your daughter left in September, I would push them to get your ex to repay - they are able to do this, though it's an uphill struggle to get them to do so, if they will do it at all.

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