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Do I Have To Pay Ma...
 
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[Solved] Do I Have To Pay Maintenance For My Daughter?


Posts: 3
 IOWD
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(@IOWD)
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Joined: 13 years ago

Hi,

Can anyone please advise me? I've spent hours Google searching but can't find a clear answer. My daughter is 17 and is in further education. I have paid maintenance (privately agreed) for her since I split with her mother when she was 4 years old.

Now, times just got tough financially for me and work is thin on the ground - the work I can get here is all minimum wage. I'm still making monthly payments but I'm really struggling.

The thing is, my daughter has a part time job as well as her studies and is earning more than me! I have my own domestic family to look after as well and it just seems odd to that I should still be paying for her upkeep under these circumstances.

I know the law states that I must pay while she is in full time education, but does that take in to account that she is also working?

Thanks for any advice you can offer!


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 actd
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Joined: 16 years ago

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Posts: 11897

Hi

If she is in non-advanced education of more that 12 hours a week, then you need to keep paying, even if she is working as well. However, it's worth looking at the CSA calculator to see if you are overpaying.


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 IOWD
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(@IOWD)
Joined: 13 years ago

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Posts: 3

I thought perhaps that the fact she was working meant that Child Benefit would have stopped and that therefore I was no longer obliged. But I shall bow to your superior knowledge and many thanks for the info actd. 🙂


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(@UnderSeige)
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Posts: 15

I'm assuming that what you're paying is appropriately scaled to suit your reduced income, not just a fixed amount?


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 IOWD
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(@IOWD)
Joined: 13 years ago

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I'm assuming that what you're paying is appropriately scaled to suit your reduced income, not just a fixed amount?

No, I pay a fixed amount agreed privately. Looking at the online calculators I think this might have to be re-negotiated. 😉


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 actd
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Joined: 16 years ago

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Posts: 11897

If you are overpaying and your ex won't agree to a reduction, you can apply to the CSA to take the case, it doesn't have to be your ex - alternatively, you could simpy reduce the amount to what the CSA calculate and let her go to the CSA if she wants to, though if you are paying according to the calculation, there is no advantage of her doing so.


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(@UnderSeige)
Joined: 13 years ago

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Posts: 15

If you are overpaying and your ex won't agree to a reduction, you can apply to the CSA to take the case, it doesn't have to be your ex - alternatively, you could simpy reduce the amount to what the CSA calculate and let her go to the CSA if she wants to, though if you are paying according to the calculation, there is no advantage of her doing so.

This is exactly what I did, and in fact still do. I have two children with my ex, so I take 20% of my NET income, and then make the appropriate reductions for the children that live with me, plus for the appropriate level of overnight stays.

You could easily, and justifiably, do the same and tell her to chase the CSA if she thinks she can get more.


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(@UnderSeige)
Joined: 13 years ago

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Posts: 15

As I'm sure you're aware, you should be paying 15% of net income for one child, reduced by 1/7th if she stays overnight at least 52 nights per year.

If you have children living with you, you can reduce it further still.


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(@Nannyjane)
Joined: 14 years ago

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Posts: 5426

If she is working more than 24 hours a week then the entitlement to child benefit stops.
I think that CSA payments are linked with the payment of child benefit so it should follow that CS should stop ...I don't know for sure but a call to the child benefit agency should clarify this.


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