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My child is 17 and has lived at the mothers parents for the last 5 years. I have always had access to my child with no concerns on that side. I pay (and have always paid) a privately agreed monthly amount to the mother directly. My concern is that the grandparent provides food accomodation and clothing to the child and is not receiving any of the moneys from the childs mother.
My question is, am I within my rights to stop paying the mother and agree the payment directly with the Grandmother who has been the main provider and guardian for the child and continues to do so?
Hi Sgrindlay,
That's an interesting question and to be honest I don't know the answer - however I know some clever people who will be able to advise you. I will ask Child Maintenance Options to pop by and offer some words of wisdom for you.
Gooner
Hi, my name's Sarah and I'm the Child Maintenance Options consultant.
The definition of parent with care, or main carer, is the person with whom the child has his/her home and who usually provides day to day care of the child. In the circumstances you describe it would appear that your ex partner's mother would be considered to be the main carer.
You didn't mention if the grandmother was currently claiming Child Benefit. The CSA generally look at the person receiving Child Benefit as the main carer and their guidelines are that the parent without main day-to-day care of the child pays the main carer maintenance. If, for whatever reason, the grandmother isn't receiving benefits for your son it may be something she wants to look in to.
I hope this information is useful
Sarah
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