We have been divorced and living separately for nearly five years. We agreed shared care for our two children as part of the divorce settlement.
During this five year period my oldest (19) has lived with me for 99% of the time, only spending approx. five or six nights with his Mother in that whole period.
My youngest (17) initially split her time 50/50 but this has changed over the last 18 months since she got a boyfriend. She now spends one night a week with me.
My oldest has, within the last two weeks, got a job and moved away.
My ex. has now contacted me stating she is going to claim Child Maintenance off of me for our youngest. I have check this out and don't think she can but time will tell.
My question is: can I submit a retrospective claim for when I had my oldest for 99% of the time and my youngest for 50% of the time?
Many thanks.
Hi There,
.
The way that CMS work is that the case can only be back dated to the point a case was opened, so you wouldn't be able to make a claim against your ex for the time your son lived with you.
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Your ex may have a claim for your daughter is she is still in full time eductaion.
.
GTTS
Thanks for that.
My daughter is 17 years 4 months old is and studying a BTEC Level 3 Diploma at college.
Looking at the CSA web site my ex. will be eligible if:
* the child is under 16 - which she isn't, so this isn't applicable
* under 20 and in full time education but not higher than A level or equivalent - a BTEC Level 3 Diploma (according to the CSA web site) is classed as higher than A level, so this isn't applicable
* under 20 and living with a parent registered for Child Benefit for them - again because my daughter is doing a BTEC Level 3 Diploma she won't qualify for Child Benefit payments, so again this isn't applicable
Just hoping I've read the CSA and Child Benefit web sites correctly.
I think my ex. is hoping I'll enter into a Family Based Arrangement without knowing the facts.
The simplest way may be to ask your ex of proof of CB being paid.
Hello landyk650
As mentioned previously, you cannot apply for a statutory maintenance case retrospectively, so you would not be able to claim for the time that you had the main care of your eldest child.
With respect to your ex applying for maintenance for your youngest, under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid.
The definition of full-time education is more than 12 hours a week of study, on a course up to and including A-level standard. Some examples of non-advanced education are:
- GCE, GCSE, A level, AS level
- SCE Higher Grade or equivalent
- GNVQ, NVQ levels 1 2 and 3
- BTEC certificates and diplomas
- SCOTVEC National Certificate
- Scottish Certificate of 6th Year Studies
- Foundation Arts Course
- Secretarial Course with GCSE entry
- NNEB
- Hairdressing Courses
If, as you state, your child is studying above A-level standard, your ex would be unable to set up a statutory maintenance arrangement.
If you would like any further information and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.org
The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation
Regards
William
Many thanks for all the information.
I have contacted Child Benefit and they have confirmed that a BTEC Level 3 Diploma is 'upto A Level'; therefore my ex. will be able to claim Child Benefit and therefore Child Maintenance.