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Paying maintenance directly to a child
#1
I pay regular monthly maintenance and one of the children is now over 18 (and still in full-time education) 

It's clear from what she tells me that virtually none of the maintenance is used for her benefit. In fact she works part-time and has to pay a hefty rent to her mother (for accomodation, food, heating, etc).

Anyway, does anyone know if it's possible to pay maintenance direct to the child? Or perhaps 50% to the parent and 50% to the child?
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#2
(12-30-2019, 10:29 AM)shirtandsocks Wrote: I pay regular monthly maintenance and one of the children is now over 18 (and still in full-time education) 

It's clear from what she tells me that virtually none of the maintenance is used for her benefit. In fact she works part-time and has to pay a hefty rent to her mother (for accomodation, food, heating, etc).

Anyway, does anyone know if it's possible to pay maintenance direct to the child? Or perhaps 50% to the parent and 50% to the child?

A lot depends on if this is on Court Order, Via CMS/CSA or by any agreement you have with the Ex.

Even if on Court Order, you can replace it with CMS as long as the order is over 1 year old. All you need to do is pay the £20 to open the case.

The deciding factor on if you need to pay Child Support is if Child Benefit is being paid, or if it would be if the resident parents income was not over the limit to get it.

To get Child Benefit Eductation Run on (16-19 year olds), there needs to be
Timetabled hours on an approved type Course, so not lower level or a course considered to be Higher Education.
If she is working over 24 hours a week, this would also disallow Child Benefit.

Under the law, you would have to pay it to the ex, who can use it for what ever she wants. What income she has including what she is taking from your daughter has no legal bearing on this.

If Child Benefit is not in payment, then any money you give the ex is Taxable Income and should be considered when looking at any means tested benefit she might be claiming. Therefore, you should be paying your daughter direct, but note that as this is not a legal requirement, than it can also be on your terms, for example regular visits and updates on her education.
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.
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#3
If she’s at university or college then your ex won’t receive Child Benefit and therefore CMS rules don’t apply.
That mean the clause in the Court Order around child support could kick in again i.e. if it says maintenance is payable until the end of tertiary education i.e. university.
That means she could take you to court if you don’t pay her , however if she’s reasonable I’m sure she wouldn’t mind you paying your daughter directly.
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