Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Ending Voluntary Maintenance Payments
#1
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
Reply
#2
(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.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Ending secondary education and wealthy mother / ex loftman 1 483 11-26-2020, 02:57 PM
Last Post: Gra76
  Can't afford child maintenance payments CurtDad 4 4,059 08-31-2018, 10:11 AM
Last Post: CurtDad
  Advice on Maintenance Payments tc1988 3 3,294 08-22-2018, 07:11 PM
Last Post: MarkR
  Consent Order - Maintenance payments and Gap Year Chrishorn 12 10,602 08-14-2018, 01:40 PM
Last Post: MarkR
  Re-starting Maintenance Payments - Advice Sought RichieB 2 3,062 08-01-2018, 05:14 AM
Last Post: RichieB
  Stopping Maintenance payments swish1968 1 2,366 06-26-2018, 02:25 PM
Last Post: LTCDAD
  Payments above maintenance. angrybutmeasured 6 5,157 06-06-2018, 08:24 AM
Last Post: angrybutmeasured
  Maintenance payments terramall 2 3,324 05-15-2018, 05:00 AM
Last Post: terramall
  mediation agreement maintenance payments SDTLKC 1 2,250 04-23-2018, 08:24 PM
Last Post: MarkR
  maintenance/property/CSA payments PonyMcPonyface 11 8,818 01-26-2018, 10:44 PM
Last Post: DadDolent



Users browsing this thread: 1 Guest(s)