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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Could you help me please. I have just been taken off the

Resolved Question:

Hi,
Could you help me please. I have just been taken off the old CSA scheme, March 2016 and my ex has now put a claim in on the new scheme which has taken my monthly payments from 154 pounds a month to 371.69 a month.
A friend had suggested that you cannot be moved from one scheme, the 1993 rules to the 2003rules unless a new child is added to the current claim, to another is this correct?
I have three other children living with me all under 12years of age.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will try to assist you. Please may I ask: - did the Child Maintenance Service give you notice that the old scheme that you were on would be closed?- how old is the child concerned? Kind Regards Caroline
Customer: replied 1 year ago.
Hi,
Yes the CSA told me in October last year and I have been trying to get this sorted since then
He is 17yrs 8mnths
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. Although your friend was partially correct in old terms - as the Child Support Agency has now closed - all the old cases are going through the case of being transferred to the new Child Maintenance Service which does mean that the old scheme would close and a new claim could be made under the Child Maintenance Service. Six month warning letters should be sent in advance and then a one month reminder letter. All that being said - you will not doubt be aware that child maintenance is only payable until the child reaches 16 - or of they still in full time non advance education - then it is 20. As you son is nearly 18 - if he has followed the general course of education - non advanced - then it is likely that maintenance will still need to be paid until the September of this year - as this is likely then the mother's child benefit will end. If however he is still in non advanced education after that point - the child maintenance will still need to be paid. Have you raised your concerns with the CMS that he may no longer be in education? Kind Regards Caroline
Customer: replied 1 year ago.
Yes i have and the case worker will not believe me or help so I have contacted my sons old school and they have said he no longer studies there and hasn't for some considerable time.
I have also writtan to the school asking for them to confirm this in writing.
I have also writing to Halifax education welfare services to see if they can tell me if he is in full time education.I feel a bit lost as I don't seem to be able to get answers. The CMS have said I can direct pay but they have not given me a bank account in which I can pay. My ex will not communicate with me at all. I fear I cannot meet the payments as I am the only bread winner and have a mortgage and three loans outstanding, The cos doesn't seem to care about this
Customer: replied 1 year ago.
Sorry one more question
If I find out he came out of education at 16th or took time away from education would that break mean I wouldn't need to pay if he restarted
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I am sorry to hear this. It is my understanding that currently direct pay can only happen (to save you paying the extra 20%) if both parents agree. I am aware - but not sure of the date yet or if this may yet have happened - that if will be the position that if the paying parent (ie you) wants to pay direct pay - then the mothers consent will not be required. It is worth asking the CMS when this happening. It is my understanding that the mother can only object if there is a belief you wont pay. It is likely that the mother is still receive child benefit for your son - and as the school leaving age is now 18 that the CMS have not pushed the issue with the mother. If you are unsatisfied - you should raise an official complaint with the CMS. The CMS try to resolve cmplaints within 15 working days. If your still not satisfied then you can raise a complaint with the Independent Case Examiner - see this link: https://www.gov.uk/government/publications/how-to-take-a-complaint-to-the-independent-case-examiner I hope this helps. Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello If he restarted full time education - you would still be liable. Kind Regards Caroline
Customer: replied 1 year ago.
OK thank you. May I ask one more question please
Customer: replied 1 year ago.
I will get back in touch with the CMS really the education subject. If he is not in education as is not going back into education would I be able to read cover some or all of my payments from when he left education. Obviously I have to get this information first.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Do let me know how you get on. If he goes to University this year, or an equivalent advanced education - then you are no longer liable from September. Kind Regards ***** ***** you have find this service useful - please kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
Thanks for your help
Expert:  ukfamilysolicitor replied 1 year ago.
ps any overpayments - can be claimed back
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