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Son no longer lives at home

 
(@steve8573)
Active Member Registered

My 18 year old son has fallen out with his mother and has been sleeping in his car for the past 2 weeks, despite me and my partner offering help. I currently pay £300+ per month (due 1st of each month) and have spoken with CMS who suggested I contact CAB but I have waited on several occasions for 2 hours in a queue with no answer.

I am unsure of the next steps without any legal advice. So far, I have cancelled the CM payment due in December but is this the right thing to do?

If I am right in cancelling the money from my ex-wife, is my son entitled to it or a portion of it?

 

Regards,

Steve

Quote
Topic starter Posted : 26/11/2022 6:57 pm
(@bill337)
Famed Member

hi,

is this temporary and do you think child will go back to mums? CMS would likely tell you to carry on paying maintenance if mum is still getting child benefit. some info:

You’ll usually get Child Benefit for 8 weeks after your child goes to live with someone else (eg a friend or relative), if nobody else claims. It can continue for longer if you make contributions to your child’s upkeep.

The Child Benefit Office will tell you if they get another claim for your child. They’ll help you decide who should claim if you can’t decide for yourself.

Contributions to upkeep

You could continue to get payments for more than 8 weeks if you contribute to your child’s upkeep by the same amount or more than the Child Benefit payment.

https://www.gov.uk/child-benefit-child-lives-with-someone-else

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I would be wary of stopping payments if your paying through CMS. they could see that as non-compliance and may take enforcement action. 

ReplyQuote
Posted : 27/11/2022 12:56 pm
(@steve8573)
Active Member Registered

@bill337, there have been problems going on for a while, but this time I don't think he has any intention of going back.

He has given his key back to her and left a lot of his belongings in the house, for which she is threatening to charge for storage.

Payment is not through the CMS, I use the online calculator and have a standing order into her account. He has asked me for money, but I am not in a position to help him financially, and would rather he have the CMS money paid directly to him? if she is not contributing to him, why should she get the money?

At the minute, I am hoping to get through to CAB to find out the next steps, if I am told to resume payments then I will do that.

Are there any other departments that I could contact for answers?

ReplyQuote
Topic starter Posted : 27/11/2022 6:59 pm
(@bill337)
Famed Member

Hi,

Ok as you have private maintenance arrangement with ex, you can decide to stop payments to her and pay your son directly. If he will move in with you, you could contact child benefit office to make new claim.

ReplyQuote
Posted : 27/11/2022 7:28 pm
actd
 actd
(@actd)
Illustrious Member

I would suggest that he makes arrangements to get his belongings back (possibly may need to involve the police if she gets difficult) to avoid it all being thrown out.

ReplyQuote
Posted : 29/11/2022 8:49 pm
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