So my daughter of just under 17 has always lived with her mum and I’ve had her every other weekend and paid maintenance direct to the mother, using the CSA website as guidance to how much I have paid. My daughter is moving out of her mothers and in with her boyfriend of 18. She has got a job at McDonald’s, doing 30+ hours per week paid, but wove enrolling into their apprenticeship management scheme. So I understand child benefits will stop for the mother, as my daughter won’t be living there, but do I pay maintenance still? And if I do have to, then obviously it would be directly to my daughter? Please advise! Most information I’ve found myself says I’m not legally obligated to carry on with maintenance, but it’s a bit unclear.
hi,
if child is working then you should not be paying maintenance. I came across this video yesterday, where a dad has been paying through CMS system. he had to pester them and tell them his child is working, so they finally stopped his maintenance payments:
https://www.youtube.com/watch?v=9UCgxgwt_Gs
also as its paid apprenticeship, then that means child benefit should stop, and same time child maintenance stops.
It sounds as though you aren't paying through CMS, just using them as a guide to the amount. If that is the case, then simply stop paying (you can tell your ex you are doing so if you wish). If she wanted payments to resume, then she'd have to open a case with CMS, and with the info you have given, they wouldn't persue the claim.
@bill337 Thank you for your advice and video. I’ll have a watch now
@actd That’s correct, it’s been a mutual agreement with the ex, as we both understand if you go through CSA you pay more, but gain nothing extra. I just used there website guidelines to work out how much I should be paying, so if the ex decided to go to the CSA there would be no nasty surprises with built up arrears. From what I read, hear from others and have been advised, everyone is saying they don’t think I should pay! Obviously the benefits her mother gets will stop, as she won’t even be living with her anyway. But the confusing bit for me was whether it classes as full time education or not, therefore I still have to pay. But it is full pay, over 30+ hours a week, so a full time job, as it is a nationally recognised apprenticeship. I might just ring CSA up and just double check, as yes it would be lovely to stop paying, but I want to do it right and not have it bite me in the [censored] later on. I’ve paid it for 17 years now lol
Hi
Based on posts from other dads on this forum and the challenges they have faced in similar situations, before you do anything try to get some evidence (copy if contract, or take a pic of it) of your daughters job/apprentiship..
If when you declare to CMS your ex denies it and your daughter doesn't back you up (to avoid reduction in mums income) then you continue paying CMS until the matter is resolved.. (at the very least be able to provide them with your daughters NI num so CMS can check with HMRC)..
If you don't think this will be an issue then just report to CMS..
All the best.