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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My granddaughter left school and began an apprenticeship at

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My granddaughter left school and began an apprenticeship at the age of 16. She also left home at that time and her father (my son) discontinued child maintenance payments. She left that job after a few months and returned home. She then attended college briefly but has now dropped out. She is 17 years old now and will be 18 years old come June 2015. She has returned to live with her mother, even though she did not wish to do so and the mother didn't want her to return. Her father lives about 200 miles away. He visits us and his children about 6 times a year - especially for birthdays etc.I should add that during this time my son has paid for my granddaughter's mobile phone contract, her travelling expenses to and from work and has also given her money for clothes and food. My son has now received a letter from the CSA stating that he will have to pay child maintenance again commencing today 2nd December. Whilst living with her mother she stays mainly in her bedroom and has to get/provide her own food. Her mother has been in a relationship for about 10 years and has two boys aged 7 and 6. Their father cooks meals for the boys but does not get any meals for my granddaughter. Her mother very rarely cooks and even then my granddaughter is not catered for. She comes to my home twice a week for an evening meal. I thought that once a child left full-time education child maintenance would stop and could not be re-started. Can you please left me know the legal position, bearing in mind that her father does in part already maintain her?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is your granddaughter now doing an apprenticeship?
Clare
Customer: replied 2 years ago.

Hi Clare

No she only worked as a hairdressing apprentice for about 6 months from September 2013 to March 2014.

Expert:  Clare replied 2 years ago.
Hi
What is she doing with her time now?
Clare
Customer: replied 2 years ago.

She did commence A level courses at college but dropped them this week and is now looking for a job. She was only in college from September to Monday 1st December.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that Child Maintenance is payable so long as the child is under 20 and in full time (more than 12 hours a week) non advanced education.
Accordingly yes I am afraid that it is possible for child maintenance to restart
Also since leaving college is very recent - i I am afraid that payments will have to restart and continue until February which is when the Child benefit entitlement will again end
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 2 years ago.

Good morning

Thank you for your reply. Could you please answer a few more points concerning the matter?

Could you tell me what if anything can be done to change the situation?

If my granddaughter gets a job can payments be stopped/reduced?

Now she has left college before the payments commence can the matter be reassessed?

My granddaughter told me last night that the commencement of the payments will not take place until Friday 5th December. I do not know why the date has been changed.

My son now has a partner and they have a six month old baby girl. Also to complicate matters more, his job is likely to end within months and he has been attempting to save a little money for this eventuality. He has said that his daughter can live with him. However this would mean her leaving her friends, older sister and boyfriend. Will any of these facts help his situation?

My ex daughter in law is working and her partner is in a band and does regular gigs. She is buying her own house.

I hope these extra details will help you to let me know whether anything can be done to ease the current situation

Thank you.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the only thing that would change the fact that payments are due for December January and February is if your grand daughter moves out from her mother's home again.
If he loses his job he can ask for a re-assessment
Clare
Customer: replied 2 years ago.

Thank you.

You state that payments for December, January and February will have to be made unless she leaves her mothers home. Does that mean that payments will stop after February if she is not in full-time education? Or will they have to continue indefinitely until my granddaughter moves out?

If my ex-daughter in law had discussed the matter with my son he would have been willing to make reasonable payments for his daughters upkeep. However, she chose not to do this and went directly to the CSA without my son, granddaughters, or my husband and I knowing what she intended. Obviously this has come as a great shock to all of us and my granddaugher is distressed about the matter as her mother doesn't even ensure there is food available for her let alone buy any personal requirements, for which she gets money from her Dad, us and her boyfriend.

Sorry to ramble on but we are all very stressed.

Any further information/advice you can offer would be appreciated.

Many thanks

Expert:  Clare replied 2 years ago.
Hi
If she does not go back into education then payments will cease in February.
If she moves in with another family member before then then it will cease sooner
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi again

Will she be able to apply again if my granddaughter still lives with her after February?

Thanks.

Expert:  Clare replied 2 years ago.
Hi
Only if the child returns to college
Clare
Customer: replied 2 years ago.

Thank you very much for all your help Clare.

Regards

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare
Customer: replied 2 years ago.

Following on from our recent correspondence my granddaughter is still with her mother. She wants to live with her father and arrangements were made for her to move there, but then she backed out! She has a boyfriend in the area and although he agreed to drive to her father's home on weekends (about 200 miles one way) to see her she wasn't happy to leave him.

I understand that the CSA payments to the mother will now go ahead. My granddaughter has tried to discuss the matter with her mother but the mother has said "it's nothing to do with you. It's money the courts granted years ago". This is not true. When the the parents separation went to court, the judge did not even grant the mother a penny in maintenance because she was having an affair and this was proved in court by a private detective. The mother has stated she will not pay for any of my granddaughters expenses because the money is not for her!

If she decides to go to live with her Dad in the future, will the payments cease immediately? My son tells me that the CSA will not discuss the mothers claim with him and that she would have to notify the CSA if my granddaughter moves out. On past experience we know she would not do this. So how could we ensure notification happens?

Also is there anything we can do to ensure that my granddaughter gets looked after properly now that the mother is getting money for her upkeep? Up until now she has not even been providing food for her, my granddaughter has been buying food with money obtained from either her father or boyfriend, and coming to me for meals several times a week.

Sorry I'm rambling again - I just want to make sure you have as much information as possible.

I look forward to your answers.

Thank you.

Expert:  Clare replied 2 years ago.
Hi
I am afraid the mother is correct - it is nothing to do with your grand daughter - neither can the mother be forced to account for the funds.
Your Grand daughter does not have to move to her father's for the payments to stop - just out of her mother's house.
If the Grand daughter moves out then the HMRC shoudl be notified immediately so that Child Benefit stops
Clare
Customer: replied 2 years ago.

Hello again

The payments are through the Child Support Agency and my granddaughter is the child involved and 17.5 years old. Even though the payments are made to her mother, surely my granddaughter has the right to be cared for and fed properly? At present she is being either fed or given money to buy food, by her Dad, boyfriend and us! Surely that money is to be used, at least in part, for her needs? Is there no other way, other than moving out, that can remedy this situation?

Sorry to seem dense but what is HMRC?

Thank you.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but that is a matter she has to take up with her mother if she choses to remain there
If she doe snot move out then there is nothing that can be done.
Her Majesty's Revenue and Customs administer Child benefit
Clare
Customer: replied 2 years ago.

Hi Clare

Just a couple more questions, if that"s okay? Does it have to be the mother that undertakes the notification? My son has been told by the CSA that the claim will not be discussed with him.

If my granddaughter does not return to any form of education will the HMRC accept a notification from anyone other than the mother?

My son has been told she could apply for an extension for upto 20 weeks. Under what circumstances would this be payable?

Thanks once again.

Expert:  Clare replied 2 years ago.
Hi
If the mother does not notify them then your son can report it as benefit fraud
The extension would only be granted if there was a good reason why your grand daughter could not work
Clare
Customer: replied 2 years ago.

Thank you very much Clare.


 


Many thanks.


 


Goodnight.


 

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