Posted by: @dad2boys

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Great site with very helpful info on here , I thought I was at the end of a very long journey . I have been divorced for 10years and have 2 sons who live their mother . Son A is 19yrs ,20 yrs in December did his GCSE’s and stayed on to do 2yrs A level , then my ex wife enrolled him to stay on for a 3rd year to get a better grade GSCE maths  . I have asked for CMS why do I have to pay when he is doing not Advanced education just 1  GCSE which is under 12 hours per week I’m sure  , Cms say until child benefit stops I have to pay for him . DWP won’t listen either and no one will ring the school I tried and they won’t discuss with me as it’s policy GDDPR as he is 18. I have appealed Mandatory Reconsideration Notice back-in November 2022 and it’s still being processed and getting a Court hearing . I tried my MP she did get A senior CMS person to call but nothing has changed , Am I right in thinking my last payment will be august 2023 then ring up CMS this  September to get a new calculation on my other child ?

It appears that your son A is still in education, even though it may not be considered "advanced education" or a full-time course. The CMS guidelines may consider the child's enrollment in education beyond the age of 16 as a factor for continuing maintenance payments.
To get accurate and up-to-date information about your specific case, it would be best to contact the CMS directly and inquire about their policies regarding the circumstances you mentioned. They should be able to explain their decision and provide guidance on when your payments may cease or if a new calculation is required. In the meantime, it's crucial to keep track of any relevant documents, correspondence, and appeal processes related to your case. If you have an ongoing appeal or court hearing, it's advisable to consult with a legal professional who can guide you through the process and advocate for your rights and interests.

Hi @dad2boys, @bill337 has included a useful link regarding the termination dates (i.e., May, August, November, February) pertaining to Child Benefit.

The question that I have 'repeatedly raised' with the Child Maintenance Service - and not received an informed reply - is where in their legal text it references that child maintenance is linked to Child Benefit. Quite simply, it doesn't. 

The other thing that the Child Maintenance Service is unable to qualify is how they calculate 'equal shared day to day care'. They say that they use a "weighted score"; however, no-one seems to know how it's weighted, thus meaning there's a complete lack of transparency, which only serves to raise more questions than provide answers. My MP is aware of this and believes there is definitely 'a need for greater transparency'.

In your particular case, 'approved education' would include CGSEs, AS levels, A levels and GCSE, AS level and A level retakes up 'til the academic year your son turns 20. 

If he turns 20 December but has finished his approved education the previous semester (when he's still 19), child maintenance should really stop the last day of school (based on the published text - word for word). However, for the purpose of how the Child Maintenance Service is unethically administering things to date, it should stop on 31 August of that year.

If, however, you son turns 20 while he is still midway through his approved education (e.g., retaking one or more of his GCSEs / A-levels), then it's likely that your child maintenance payments will continue through to the following August, i.e., a couple of months shy of his 21st birthday, assuming that his exam(s) will be taken at the same time (May/June) as other students, and his academic year ends in June/July.

I hope this is of help.

@dad2boys HMRC would expect parents to report changes. If you suspect ex is receiving child benefit but not entitled to to it, you can make a fraud report with HMRC: https://www.gov.uk/national-benefit-fraud-hotline

@dad2boys It's always best to assume that the other party is making a claim for Child Benefit (even if they earn more than £50k).

Login to your CMS portal; once in, copy the below link. Sign in https://childmaintenanceservice.direct.gov.uk/iam-las/public/provider/interaction/GjvgxpYqiQ2eBRSdnVRYW&source=gmail&ust=1681929982419000&usg=AOvVaw2c7xn73nJ2wOWtNImUVRc S">here.