Stopping child maintenance

This is for a friend who pays maintenance.

His 17 year old daughter will be 18 on 20th April. The child has left education and started a FT job in the last few weeks. When should he stop paying maintenance (the mother is already claiming rent from the child for £200 a month).

The rules are confusing so would be helpful to have a pointer to the official answer. Does child maintenance (a private arrangement) stop immediately or when the child benefit stops. And when would the child benefit stop?

Thank you

A private agreement stops as soon as you stop agreeing.

Thanks Wyspecial. But if he stops maintenance would she have a case with the Cms?

I would assume that maintenance would stop when child benefit stops from a legal perspective.

However, £200 a month rent is hardly going to put her mum in profit. She''s lost £82 a month in child benefit, possibly tax credits too, she''s probably still providing food, definitely bills, the council tax may have just gone up 25% due to her losing single person allowance.

It''s tricky. If they were both still together they would be sharing the cost of having the daughter living with them and paying rent (as although it''s a generous amount, it''s hardly market rate or the true cost of her living there).
Legally I would say he''s out of obligation.
More than that probably depends on his circumstances, and to an extent, what he provided his ex when they split. I''m guessing if she got a huge settlement and a massive house then he would be less inclined to chip in, whereas if she''s on the breadline he might feel more obliged to help.

Thank you. There are other considerations but what my friend needs to know is the exact position in law (CMS/Child benefit)?


Does anyone know what the official line is?

This quote:

Your Child Benefit stops on 31 August on or after your child’s 16th birthday if they leave education or training. It continues if they stay in approved education or training, but you must tell the Child Benefit Office.

Is from:

www.gov.uk/child-benefit-16-19

maccy2 wrote:

Thanks Wyspecial. But if he stops maintenance would she have a case with the Cms?

No they wouldn''t qualify for CMS as they are not in full time non advanced education.

Depending on when they left education CB would have ceased at the end of February or if they were still in education then until 31st May