Hi, thank you for your question. How has the amount of child maintenance been decided - is it through the CSA/CMS or in a court order? If a court order, please confirm if it was as part of a divorce and if it was made by consent?
Thanks - what were the exact terms stated in the order in relation to the maintenance? Or are you able to attach a copy of the order using the paperclip icon here?
Thank you for confirming. Given that your son will no longer be living with her, and that she will not be entitled to child benefit, or pursue a formal application with the CMS due to him moving out, it would be reasonable for your liability to now end. If he were to return to her care and remain in secondary education (A-Levels, or equivalent) and be under the age of 20, then she would be entitled to seek child maintenance from you.
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As he is not living with her (therefore she is not providing day to day care), it would be reasonable for you to pay it directly to him. I would suggest that you ensure that she is made aware of this arrangement.
My name is ***** ***** I have been a solicitor for more than 30 yearsGiven that there is a Court Order which clearly says that the money is payable whilst your son is in Secondary education (which he is), and since she is in fact supporting him, if you start paying your son directly without the agreement of your ex then arrears will accrue.It is not a case of "notifying her" that you will be paying him directly - you must either agree it with her or go back to court.Failure to do so will make you vulnerable if she applied to enforce any arrears
That would be wise - but do not give up on paying him directly.
Write and suggest it - with a copy to your son!
If she does not agree then you can consider an application to the Court