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Stopping child support payment

 
Nanor
(@nanor)
Active Member Registered

Hi

As a very brief overview.

My wife left me 12 years ago and we had 2 children. After 6 years in court, I gave up trying to get contact with them, and she had moved on with someone else, within weeks of the break. I haven't seen my kids in 12 years, but have been paying the agreed (agreed in the divorce settlement) £100 per week for them both. Obviously after 12 years of paying and never seeing them, I am eager to stop paying.

One of my children will be 18 years old next month (June), and I have no idea of his education status, but was told my their Mum that he is autistic and might be in school until he is 25!. The other one is 16, and supposedly she is home-schooling him.

My plan was to stop payment (1/2 the payment) when he turns 18 next month and continue £50 payment for my 2nd child until he is 18 in over a years time.

However, their Mum is vindictive and can't be trusted and has alienated me from my children since we split.
I'm concerned that if I stop, she will decide to go through CAS and, as my salary has increased over the years, I could end up paying more. 

Any advice/input would be great.

 

Thanks

Quote
Topic starter Posted : 16/05/2023 8:34 am
(@bill337)
Illustrious Member

Hi,

You’re normally expected to pay child maintenance until your child is 16, or until they’re 20 if they’re in school or college full-time studying for:

 

A-levels

Highers, or

equivalent.

Child maintenance might stop earlier – for example, if one parent dies or the child no longer qualifies for child benefit.

https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/how-much-child-maintenance-should-i-pay

You could try contact child benefit office to enquire but think you will have difficulty as usually they would talk to primary carer.

ReplyQuote
Posted : 16/05/2023 10:14 am
Nanor
(@nanor)
Active Member Registered

Thanks.

 

Unfortunately, she's has alienated them for 12 years, and I don't see them, so I have no idea of their education status. Child benefit office say they can't help either as I'm not their mother. When I asked the question "should I just keep paying her for ever then?", they just said "sorry".

ReplyQuote
Topic starter Posted : 16/05/2023 10:38 am
(@infodesk)
Trusted Member Registered

Posted by: @nanor

Hi

As a very brief overview.

My wife left me 12 years ago and we had 2 children. After 6 years in court, I gave up trying to get contact with them, and she had moved on with someone else, within weeks of the break. I haven't seen my kids in 12 years, but have been paying the agreed (agreed in the divorce settlement) £100 per week for them both. Obviously after 12 years of paying and never seeing them, I am eager to stop paying.

One of my children will be 18 years old next month (June), and I have no idea of his education status, but was told my their Mum that he is autistic and might be in school until he is 25!. The other one is 16, and supposedly she is home-schooling him.

My plan was to stop payment (1/2 the payment) when he turns 18 next month and continue £50 payment for my 2nd child until he is 18 in over a years time.

However, their Mum is vindictive and can't be trusted and has alienated me from my children since we split.
I'm concerned that if I stop, she will decide to go through CAS and, as my salary has increased over the years, I could end up paying more. 

Any advice/input would be great.

 

Thanks

(If you go through the CMS)

If you have reason to believe that your 18-year-old has left school, then it's probably fair to assume that child maintenance will cease on 31 August 2023 (albeit should be the last day of the school summer term based on the CMS' wording).  The only exception to this is if your son continues in 'approved education' (i.e., 15 hours or more of approved (unpaid) education per week). If you believe you son is in state education, my advice is to 'report a change' to the CMS (using their online portal) at the end of July and attach a letter to outline what you've said above: e.g., I have reason to believe that my 18-year-old son has finished his approved education. In the absence of any contact with my son or his mother, please can you advise if child maintenance will cease on 31 August 2023? Ask them to contact your ex-partner to investigate.

The CMS cannot say that they will be notified by the Child Benefit Office, as not everyone claims Child Benefit, so the CMS wont be notified if a claim has not been made. Upon reporting the matter to the CMS, it has a responsibility to check-in with your ex to find out what's going on re. your son's education. They will have to report back to advise you (without disclosing any identifiable information).

(If you don't go through the CMS)

Make your last payment on 31 August or 1 September for the period of August.  If she wants to challenge it, she will need to prove to you that your son is in full-time approved education, your ex cannot have it both ways; i.e. expect you to pay, but tell you nothing. 

Should you ex chose to go through the CMS, and there is a legitimate reason why your son is still in approved education (and she would have to prove he is to the CMS), she would be quite in her right to expect payment until either 31 August 2024 or 31 August 2025 based on the current legislation (based on a standard academic year of September to June/July). All you can be thankful for is that you haven't had to pay the higher maintenance sum for many years, instead just one or two.

I hope this is of help.

 

This post was modified 10 months ago by InfoDesk
ReplyQuote
Posted : 16/05/2023 12:47 pm
Nanor
(@nanor)
Active Member Registered

Very helpful 👍 

ReplyQuote
Topic starter Posted : 16/05/2023 2:38 pm
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