The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Dads getting maintenance?

  • marcomainman
  • marcomainman's Avatar Posted by
  • New Member
  • New Member
More
29 Dec 15 #471295 by marcomainman
Topic started by marcomainman
My 2 sons (15 & 16) been living with me for 18 months, never had a penny off their mother, not even a token gesture AND she is still claiming the child benefit for them even though they moved out 18 months ago! I know that legally the Child Benefit is mine for my sons - however, where do I stand regarding maintenance because she will not voluntarily give anything & I also know she will say she can''t afford it, so, am I supposed to support our 2 sons on my own? I paid her maintenance when they lived with her - she has paid nothing whilst they have lived with me for the last 18 months!
Where do I go from here?

Cheers,

Mark

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
29 Dec 15 #471298 by Lostboy67
Reply from Lostboy67
Hi,
I think the first step would be to get Child Benefit paid to you. I seem to recall that this usually defines who the CSA (CMS) see as the Parent With Care, from that point you could go about making a claim.

LB

  • Child Maintenance Options
  • Child Maintenance Options's Avatar
  • Moderator
  • Moderator
More
30 Dec 15 #471336 by Child Maintenance Options
Reply from Child Maintenance Options
Hello Marcomainman

You may wish to contact HM Revenue and Customs (HMRC), to get the Child Benefit transferred over to yourself, for your sons. I have included their contact details below:

HM Revenue and Customs - Child Benefit
Telephone number: 0300 200 3100
Opening hours: 8am to 8pm Monday to Friday 8am to 4pm Sat
Website: www.hmrc.gov.uk

There are various ways that child maintenance can be arranged, there is a family-based arrangement which is an arrangement agreed between parents without the intervention/ involvement of the Government or legal system and is not legally enforceable. There is the option of the Child Maintenance Service which is the Government’s statutory maintenance service, who can calculate maintenance leaving parents to arrange payment between themselves, or collect payments and pay to the parent/ main carer. There is also a Consent Order/ Minute of Agreement which is an arrangement through the courts.

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.

For further information on when maintenance ends and what courses are classed as full-time non-advanced education, you may find the following link useful www.gov.uk/when-child-maintenance-payments-stop

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

  • marcomainman
  • marcomainman's Avatar Posted by
  • New Member
  • New Member
More
30 Dec 15 #471337 by marcomainman
Reply from marcomainman
Thankyou very much for your help, information & advice.

Regards

Mark

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.