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[Solved] Maintenance payments while working

 
actd
 actd
(@actd)
Illustrious Member

Posted on behalf of Pringle

I have a 17 year old daughter who started an apprenticeship in September and goes to college one day a week and works in a salon for 4 days for around 8 hours per shift and earns in the region of £700 a month. I expected child maintenance payments to stop but her mother still claim child benefit and so I have to keep paying. I have contacted the cms and the child benefit office on numerous occasions and explained the situation and each time have been told with the information I give I shouldn’t be paying but nothing changes. I have sent wage slips and emails from college but nothing seems to help. I just wondered if I’m wrong in thinking child benefit and child maintenance should stop from what I have said? I’ve looked at current legislation and all points to what I believe as full time education is over 12 hours with my daughter doing a maximum of 8 and working over 24 hours of paid work weekly should also stop it. Do you have any advice please I’m really struggling with this.

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Topic starter Posted : 08/12/2020 3:04 am
actd
 actd
(@actd)
Illustrious Member

Hi Pringle,

Yes, I believe you are correct - that's confirmed here:

https://www.stowefamilylaw.co.uk/blog/2017/03/22/child-benefit-the-ending-of-child-support-liability/

You need to convince the benefits agency to stop paying child benefit, as the child maintenance flows from that. Interestingly, in that link, it stresses "properly and lawfully payable" - if CMS agree that it shouldn't be paid, then it follows that they shouldn't be asking for maintenance.

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Topic starter Posted : 08/12/2020 12:58 pm
Pringle liked
Pringle
(@Pringle)
New Member Registered

Thank you so much for your reply and link, much appreciated.
It’s so difficult trying to prove when I have sent wage slips and screenshots of emails received from the college saying she does a day week and the rest at a salon. Am at a bit of a loss as to what more I can say or provide as evidence

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Posted : 08/12/2020 8:37 pm
actd
 actd
(@actd)
Illustrious Member

You could go through the official complaints procedure - that distinction between "payable" and "properly and lawfully payable" is interesting - if the child benefit isn't being paid lawfully (and you can prove it isn't), then they shouldn't be asking you for child maintenance. This is something I haven't come across previously, as there are a lot of dads who are having this issue where the mother is fraudulently continuing to claim child benefit.

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Topic starter Posted : 09/12/2020 2:04 pm
Pringle liked
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