Ending Voluntary Maintenance Payments

[Reg]

Hi All,
I have been estranged from my former wife and my son since he was 4 years old. It was a horrible time but I got through it and I have paid voluntary maintenance payments to her every month since.  My son has just turn 18 and has finished his A levels (well, so I am told but regular communication ended a very long time ago).  I am happy to continue to support him through any further education but want to pay him directly and to stop my payments to not her.  Is this legally possible?  R

[MarkR]

(08-05-2017, 06:52 AM)Reg Wrote: Hi All,
I have been estranged from my former wife and my son since he was 4 years old. It was a horrible time but I got through it and I have paid voluntary maintenance payments to her every month since.  My son has just turn 18 and has finished his A levels (well, so I am told but regular communication ended a very long time ago).  I am happy to continue to support him through any further education but want to pay him directly and to stop my payments to not her.  Is this legally possible?  R

Child Support is only payable to your ex when Child Benefit is in payment, what might end at 16, when aproved aducation ends, or the summer after 19th birthday at the latest. See https://www.gov.uk/child-benefit-16-19

The key part is the type of Course/Educations, lasting for 12 timeabled hours a week term time, when he is not working 24 hours or claiming state benefit in his own right.

If Chid Benefit is not in payment, any money your paying her is Spouce Maintance what is Income for any out of work benefits, housing benefit, tax credits and is also a taxable income. Therefore, if Child Benefit is not in payment, your better of making direct payment to him.

If she will not show you evidance that she still gets Child Benefit (its paid every 1 or 4 weeks), then keep the money back, and invite her to appy to CMS. They will check if Child Benefit is in payment, before they make you pay anything. See https://www.gov.uk/calculate-your-child-maintenance but be aware that if you ex asks for variation of income, it might be more, for example if you have Pension Contributions (what reduce your taxable income) or Benefits in Kind, like a Company Car.