Have found out from my elder son that my youngest son has not been going to college for the past 2 weeks or so, where do I stand with this? Do I still have to pay child maintenance even though my son is only attending college semi regularly? Understandably I don't want to pay maintenance for my son to sit around doing nothing , thanks
Hi,
Do you have a private arrangement or do you pay via CMS? If it is private then I suggest you discuss with your ex partner and ultimately it’s up to you whether you keep paying. If it’s via the CMS then it’s harder.
It’s unlikely the CMS will be interested in a break in education of a couple of weeks. Your son will be entitled to a break in education if he is ill or bereaved or for any other reasonable excuse. The CMS will accept any excuse and to be honest probably won’t even investigate.
Best thing to do is leave it for a few weeks and gather whatever evidence you can in the meantime to prove he isn’t attending. Once he has been out of education for a while longer then it’s harder to get a reasonable excuse for non attendance. Also, the college is unlikely to take him back if he has had a big gap in education.
You then need to report the change in circumstances to the CMS and send them whatever proof you have. If you don’t have proof and your ex partner tells the CMS that he is attending then they will just take her word for it and won’t investigate further other than check if child benefit is still in payment.
What is your son studying at college? If it is an advanced level - (hnc, hnd, degree) then you may no longer be liable for maintenance.
Good luck with it.
Hi, my ex has now admitted after me confronting her that my son is not going to college, he has completely stopped, he is now 17, it is my understanding that I am no longer legally liable for child maintenance is this correct
hi,
yes if he is not in full-time (non-advanced) education you should not be paying maintenance. do you have private arrangement? if you are paying through CMS then its usually difficult to prove.
Thanks for the clarification , is a private arrangement (money not collected by csa but paid by myself by bank transfer) is a relief to know as my ex kicked off with the verbal abuse as soon as I mentioned it so I didn't want to stop paying only to find out I still have to pay.
If anyone can clarify about the claim about jobseekers being only for people over 18 that would great (not that it changes anything just for my informatio)
Ok, she has messaged me today claiming that my son is starting an apprenticeship next month (how convenient) and she claims I will be hit with a big CSA bill. If he does start an apprenticeship next month do I then need to pay child maintenance? Thanks
hi,
it depends. if its paid apprenticeship, then you don't pay maintenance. and it should be full time (more than an average of 12 hours a week)
lots of info on it here, and linked closely to child benefit rules.
Hi
I have a 16 year old son who don't want to go college and want's to stay at home and do gaming but he has signed up and paid for an online computer course, and his mum is saying I still have to pay maintenance because he is doing the online course is this true.
hi,
are you paying maintenance through CMS or is it private arrangement?
if he is no longer in full-time education (more than 12 hours a week) then you should not be paying maintenance. any idea what kind of IT course. 2 year course or random one where you just self-study where there's no time limit?
hi,
it depends. if its paid apprenticeship, then you don't pay maintenance. and it should be full time (more than an average of 12 hours a week)
lots of info on it here, and linked closely to child benefit rules.
Thanks, the only issue now is that I dont trust his mother to be honest with me. I will ask her
if the apprenticeship is paid or not but I don't trust that she will give me an honest answer.
I will discuss this more with her to get some more information, at the moment the only information
i have is that he allegedly starts next month (no date given, no other details given),
You wont get a huge CSA bill. The claim only starts from the date she puts application in.
It is highly unlikely for many reasons that your son will start an apprenticeship next month all of a sudden.
Its up to you if you carry on with private arrangement but csm wont contact you until she applies for it.
The safest option is to stop paying, but put the money into a savings account each month. That way, if she does open a case with CMS, you have the money to pay. At this stage, it might even be worth you opening the case with them (£20 one off fee), that way you should get confirmation as to whether he qualifies or not, and if you have to pay, you are in no worse a position than you are at present, but if not, you know it's not going to affect you later.