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Maintenance Payment Question

Cojo

Cojo

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To all Dads, I currently work abroad and have done for a number of years and throughout those years I always sent money back to my ex for the children. I was generous with the amount initially but in 2018 my ex ran up a huge debt (£17K) and with explanation where it had gone, then the heavy drinking started. Then in 2019 the first NMO and false allegations etc .......... and I continued to pay maintenance although much less because it was being wasted on drink and god knows what else.
Move forward to the present day and she has new false allegations which got me arrested.
I have not seen my children for 8 weeks.

Question as I am not even seeing my children and my ex is instrumental in this, should I continue paying maintenance?
 
Unfortunately yes . CMS and contact are separate . The irony is the less you have your kids overnight the more you pay .
 
Thanks, but I don't have my kids at all 😭, so should I still be paying - at least until I can get a court child arrangement order in place?
 
I've just been through all this. I was paying the ex £100 a week directly into her bank for my son. I know that very little, if any, of that money was going on him and she would often complain when the money was late because "she needed to go shopping" but was caught withdrawing that money immediatly after I transferred it to go out and my son was left with her mum.

She blocked contact in March due to allegations of excessive alcohol consumption (the irony) that she started making. (She was just jealous that her friends reported to her that I was in a pub after work having a laugh and she couldn't). She called CMS to try and spite me even further as she believed they would take more money off me and give it to her. CMS called me and calculated my CM payments based on my FY 21/22 earnings which were less than I get now as I was still training. She now gets around £20 per week paid monthly. So £400 to £80. Talk about shooting both feet!

You still have to pay CM for your child/children even if you're denied "time with" them by the mother I'm afraid.

The CMS can't take more than 40% of your net income. Your net income is the money left after you've paid tax and National Insurance.

https://www.gov.uk/calculate-child-maintenance
 
need some help..... for the last 15 years i have been paying cms payments to the mother of my now 18 year old son, which now dont have contact with due to having 2 children to my now wife of 10 years, anyhow lets get on , my son has been a college and has just done his english and maths resists , results on thursday 25th aug,i have no way of knowing if he passed or not as have communication anymore and lives 500+ miles away somewhere as they have moved and not told me where, he needed his english and maths to do another level 3 course at college but also working full time , been in touch with cms to see where i stand and say i must wait till the mother informs them of his results outcome , surely they need proof of results and dont just take her word for it , that he passed and surely this affects her child benefit payments also , i lost to where to go with this, any advice appreciated from a friendly geordie :)
 
I believe if he continues to study CMS is still due until he finishes education - but I'm not sure of the final end date if he continues education - someone else might know. So you need to know if he's finished education or not really. Presumably if he passes and leaves education then no more CMS. Sounds like you'll have to wait and see and could do with some contact to find out. Subtly!

It's a shame you lost contact with your son. Having more children shouldn't affect that really.

Do you pay via CMS or direct pay?
 
geordiefella76 said:
he needed his english and maths to do another level 3 course at college but also working full time
Click to expand...

There are certain higher education courses that do not count as full-time education, so it is important that you check this.

If your son decides that he wants to get a job and not continue in full-time education - which includes studying for 12 hours or more a week - then your payments would end in the September after his final term.

When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September as well.

Exam results are personal data that belongs to the student, and school and colleges should ensure that results are only disclosed to students, not parents or any other third parties. However, if the student gives their explicit consent to share their exam results with their parents, the school can follow their wishes.

Being the victim of deceptive maternal parent CM over-payment is just as bad as paternal parent non-contribution so if the CMS have provided little support here I would consider a Tracing Agency. Find out where they live and send a polite letter informing that you wish to be informed when the prerequisites for Child Maintenance payments end to avoid over-payment. If it has occurred you will be seeking all monetary recompenses.
 
Good idea using a tracing agent. However it also occurred to me that CMS could just contact the college and ask for the results. Their job is to find information. College would speak to them if not a parent.

So if you can find out the name of the college .....
 
Exam results are personal data under GDPR and belongs to the individual – in this case, the student. This includes information about their progress, attainment as well as their exam results.

I can't find anything that suggests the CMS has the power to obtain this data. Which may be why they told geordiefella76 he must wait till the mother informs them of his results.

I was under the impression that a person with parental responsibility had the right to ask a school or college for information about their child and the school or college was legally obliged to comply but that's not the case it seems. At least not for exam aged kids and exam information.
 
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Thanks for explaining that Kyle. There does seem to be a lack of info for Dads about when and how CMS ends if you need information like that.
 
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