Congratulations - this is one of the most exciting periods of your life. Wake Smith | News © 2018. An application can be made at any time for the CMS to cease acting but, subject to certain exceptions, there is nothing to stop a new application being submitted. The paying parent is normally expected to pay child maintenance up until the child turns 16, or 20 if they’re still in school or college doing A-levels, highers or something equivalent. As the A level results come in and the summer holidays come to an end, many families will be faced with their son or daughter heading off to university. Almost always the obligation is capped to the end of a child’s first degree. There are some cases when it may stop earlier, for example, if one parent dies. Because TransferWise has local bank accounts all over the world, those expensive international bank fees are completely cut out. What triggers payment of child maintenance? Whether the paying parent is paying child maintenance for other children; When does child maintenance stop? For those who frequently travel internationally, TransferWise also offers borderless multi-currency accounts, which allow users to send, receive and manage money in multiple global currencies all at once — great if you frequently send money across borders. Under UK law, a person might be responsible for child maintenance if they: Child maintenance can be used for anything that provides for the child, including (but not limited to) food, housing and clothing. Legal Statements | GDPR Policy | Complaints, We use cookies to offer you a better website experience and analyse site traffic. After CMS calculates the amount that the parent without day-to-day care needs to pay, the parents will then arrange how and when payments are made themselves. There‘s a £20 fee when you apply as well as possible additional fees to use the CMS, though this is waived if you’re in Northern Ireland, under 19, or a victim of domestic violence. But if you’re living abroad as an expat, visitor, or non-resident... Dubai is one of the most exciting and fastest-growing cities in the world, leading the globe in all kinds of innovation. Between the ages of 16 and 19, if the child is enrolled full-time in school (more than 12 hours per week and the course is up to and including A level), child maintenance for the child must be paid. Generally the payment process is started by a “resident parent” seeking child maintenance from a “non-resident parent” (NRP). If you’re a visitor or expat... Are you pregnant? Because the minimum is 104 nights to be considered a parent with day-to-day care, that does mean that there may be more than one parent or person(s) who meets this standard. This is the person to whom child maintenance is paid. If you need a court to intervene, lawyers and court costs can stack up, so it’s advisable to avoid this route unless it’s absolutely necessary. Direct pay where the Child Maintenance Service (CMS) calculates how much should be paid and the payment is arranged between the parents. This means that once the adult child has finished ‘A’ levels, the child maintenance ends. In this way, the paying parent knows that the adult child is getting the entire benefit of the money, the parent with whom the adult child lives during the holidays receives money for their out of pocket expense and it forces the adult child to start to assume financial responsibility for themselves. It was being argued against me that the child maintenance should be paid until September as the child benefit is payable until 31 August of the school year in question. Importantly, where the CMS has jurisdiction (or would do, were an application to be made), the court is prohibited from exercising any power to make a child maintenance order save broadly by agreement, as top up, or for education or disability. Where the adult child goes away to university, I encourage parents to try and agree that the maintenance should be paid directly to the child during the year, with the understanding that when the adult child returns home during the holidays, that he/she should pay “board and lodging” to the parent with whom they live. You’re normally expected to pay child maintenance until your child is 16, or until they’re 20 if they’re in school or college full time doing: A-levels, Highers or; Equivalent. 06 September 2016. This more likely happens if there are extenuating circumstances and the parents cannot agree on payments such as additional school tuition that needs to be paid, if the child has a disability, if one or both of the parents has a high level of income (generally more than £156,000 per year), or if the paying parent lives abroad. CMS will collect the payment from the paying parent and send it to the parent with day-to-day care. Especially when one of the parents lives in another country, it can get tricky to navigate. It may be that some parents have agreed to include in their divorce settlement provisions for child maintenance that provide for university, frequently set out as being maintenance to the age of 18 or “full time tertiary education, limited to the first degree whichever shall be the last to occur”. Good luck! In the UK, parents are required by law to provide for their children financially no matter the living arrangement. There are some cases when it may stop earlier, for example, if one parent dies. If you do make arrangements through CMS, they’ll collect applicable information, such as both parents’ incomes and the amount of time the child spends in the day-to-day care of each parent, and set a rate. There’s a £20 fee for using CMS as well as additional costs. Where there is a court order in place and either party is permitted to make an application to the CMS and does so, then, instead of the rules at 1) and 2) above: 4.
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