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TOPIC: Daughter moved out

Daughter moved out 1 month 2 days ago #110349

Hi all, I'm new to these forums.

I had a private arrangement with my ex wife regarding my daughters' child maintenance.
My daughter is 18 and still at college. However, my daughter has just moved out of my ex wife's house and in with her partner. Before I speak to my ex, where do I stand on this? Would be grateful for any help.

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Daughter moved out 1 month 2 days ago #110350

If your daughter has moved out youno longer have to pay. It was a private arrangement arrangement you had anyway. For your ex to get csa she would have to put a claim in which is unlikely as shes moved out and 18 year old

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Daughter moved out 4 weeks 2 days ago #110393

Hi Samantha67,

if you have been paying through Child Maintenance Service, then in theory they would stop maintenance as child is not spending any overnights with her primary carer. Even in this scenario it can be very difficult without solid evidence, such as a court order, or child benefit payments have stopped. If you have no evidence, then the general advice CMS would give you is that maintenance continues as long as child is in full-time non-advanced education, and age 20 is final cut off for maintenance.

As you have a private arrangement, this can be even more difficult if your ex denies that your child has moved out or simply disagrees with you stopping maintenance payments permanently. You could send her a polite message, recommending that as child is no longer living with her, maintenance payments should stop. The decision is yours whether to stop payments or continue.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Daughter moved out 4 weeks 2 days ago #110402

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Hi Samantha67

How much are you paying compared to the CMS calculated amount? If it's similar or more, then if you have a private arrangement, you could simply stop paying. It would then be for you ex to try to open a case with CMS, at which point you can dispute that she's living with the mother. If you lose, then you'd pay the calculated amount (which is why my initial question), but it's a matter of whether your ex would lie to CMS and possibly be found out.

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