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Child Maintenance payments if my child leaves the country

 
(@steve8573)
Active Member Registered

My son (born Sep 2004) is currently in full time education. He is leaving the country and moving to Australia to start a job while living with his girlfriends parents. He plans to finish his education online (due to end in July). My question is, do I have to continue paying CM after he leaves the UK?

Regards.

Quote
Topic starter Posted : 19/04/2024 9:39 am
(@bill337)
Illustrious Member

hi, according to CMS, maintenance payments stop if child is no longer living in UK. it's a change they expect parents to report.

 

https://www.gov.uk/child-maintenance-service/change-of-circumstances

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Posted : 22/04/2024 11:17 am
Steve8573 reacted
(@steve8573)
Active Member Registered

@bill337 

His mum still lives in the UK and he is living with his girlfriends parents. He is claiming that because he is still doing education I am still required to pay. I need help with the following. 

1. Does doing education in another country mean I still have to pay?

2. Which parent if any should pay as he lives with neither of us?

3. The current arrangement is private and not through CMS, is this still enforceable in Australia?

4. He has threatened to get his mum to call CMS to force me to pay, can they do this?

5. I am getting notifications that he is not attending college (obviously), but he has not provided proof that he is doing any education.

6. He has a maximum of 2 months left at college and will be 20 in September.

Regards,

Steve

ReplyQuote
Topic starter Posted : 15/06/2024 9:40 am
(@bill337)
Illustrious Member

Short absences abroad, such as a 2 week holiday or to visit relatives for a period of less than 8 weeks, will not affect your right to Child Benefit. more info: https://assets.publishing.service.gov.uk/media/6564c9ed1524e6000da1017a/CH5-Notes.pdf

child benefit/maintenance should stop if child moves in with a partner: https://www.gov.uk/report-changes-child-benefit

problem is the parent that receives child benefit has to report these changes. so depends on their honesty.

you can try report these changes yourself to HMRC like reporting child benefit fraud: https://www.gov.uk/report-benefit-fraud

other than that, your child will be 20 in 2 months. age 20 is final cut off date where child benefit and maintenance will end.

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Posted : 15/06/2024 4:18 pm
(@steve8573)
Active Member Registered

He has moved to Australia for a minimum of 2 years, so not a short break. I will take your advice and contact CMS to see if she has reported him leaving the country. 

Steve

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Topic starter Posted : 15/06/2024 7:53 pm
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