Hi, I have a 19yr old daughter from my first marriage who is now at University. She does not work. I am divorced from her mother. My daughter lives with me during University holidays. I give her money each month to cover living costs as her student loan does not cover her cost of living.
I have a 2 yr old son from another relationship. I pay his mother maintenance. However my sons mother has told me she wants to renegotiate increasing this amount I give her because my 19yr old is no longer a dependent and should be removed from the CMS calculation. is this correct? I cant anything on the gov.uk website which covers this.
Hi @LS252068, as your 19-year-old daughter is no longer in approved education (as university counts as non-approved, advanced education), she is no longer factored into the equation for child maintenance payments.Hi, I have a 19yr old daughter from my first marriage who is now at University. She does not work. I am divorced from her mother. My daughter lives with me during University holidays. I give her money each month to cover living costs as her student loan does not cover her cost of living.
I have a 2 yr old son from another relationship. I pay his mother maintenance. However my sons mother has told me she wants to renegotiate increasing this amount I give her because my 19yr old is no longer a dependent and should be removed from the CMS calculation. is this correct? I cant anything on the gov.uk website which covers this.
Your daughter's removal from the case is not covered by the 25% income rule (i.e., a change is only administered by the CMS if your salary increases or drops by 25% or more between your annual review periods), so the CMS can apply the change to your account upon being made aware of the change request. This would mean that the claimant for your youngest child would receive 12% of your gross income (minus any monthly pension contributions) based on the 2022-23 tax year (if the change request is/was made after 5 April 2023).
On the basis that your daughter finished her full-time, approved education (e.g., upper sixth form / college, etc.) last summer and started university in September 2022, child maintenance for her should have automatically stopped for her on 31 August 2022, so you should have seen a decrease in your payments from September 2022.
I hope this is of help.