Child support to grandparent

[Red Jim]

Good afternoon

I’m really hoping that someone can point me in the right direction here. Many thanks in advance for any help...

I have been happily paying child support at the advised rate to my ex wife for many years, for my daughter, who is 17 and still in full time education.

Six months ago my ex sadly passed away. My ex’s father, who is a very rich man, has now applied to receive the payments from me.

She is not living with him though. He owned the house that she lived in with her mum and is continuing to allow her to stay there. I would love her to live with me but she does not want to.

Given how wealthy he is, this is also not because he needs the money. I suspect he will just pass it onto her as pocket money.

Is he legally allowed to claim this when he is rich and just providing her with a large four bedroom detached house for free?

Many thanks

J

[Amethyst]

Did your ex-wife have a will or did she pass intestate? ( ie does the property pass to your daughter once she's 18 anyway?)

And could you not pay the child maintenance directly to your daughter?

[Red Jim]

Thanks for coming back to me Amethyst.

He still owns the house. My ex’s will / estate was of little value.

In an ordinary situation, I would happily give her some financial support, but I feel that living in a huge house with no bills and getting hundreds of pounds pocket money a month is a dreadful scenario for her. She’ll be completely unsupervised, partying with friends all the time and will have no clue about having to earn a living or the value of money.

[Amethyst]

Has your ex's dad become your daughters official guardian? Do you have parental responsibility ? Did your ex's will say anything about what should happen with her daughter in the event of her death ?

To whom have you been making the payments since your ex's passing? Were you making them directly to the mother previously, or were they taken by the CSA ( CMO) ? Was it under a financial agreements order, just an arrangement between you and the mother, or court or CSA ordered?

Obviously you know your Daughter, but tbh you probably need to give her a little more credit.Do you have any relationship at all with your ex's Dad and have you discussed the future with him and what he is intending for your Daughter long term ? It would be sensible to give her responsibility for paying bills such as council tax, utilities, food etc etc even if he doesn't ask for rent from her. Have you discussed things with your Daughter and what she intends? She's at college/doing her a levels presumably as she's still in FTE ... Is she intending to go to Uni maybe after ? It seems like now, 6 months after losing her mum, is a good time to discuss these things and what's intended - her grandad might intend on letting her stay in the house (rent free) whilst she's still at school/college and then instigate some kind of rent etc. You'll be paying child support until she is 20 or leaves FTE, so seems your only issue is whether you pay it to her directly or to her grandad.

You could always give Child Maintenance Optionsa call and ask them what happens in these circumstances 0800 988 0988.

[Red Jim]

As far as I am aware, he has not applied to be her legal guardian. Would I have been notified?

I paid her directly the amount that the csa set.

I have a very poor relationship with him, and he will not discuss any plans with me. He has all the power here. I’m just expected to pay and have no say. She has told me that she is going back to college in September to do equine studies.

He has just told her that she can live in the house for free. No rent, utilities or anything else.

Can you please just tell me if he can legally claim child support from me when he is providing her with a house for free and not living with her?

Thanks

[Amethyst]

It depends on whether he is her legal guardian or not. You are her parent and have PR for her and unless he is her legal guardian following her mums passing he has no claim to child maintenance. You would know as he would have had to apply to the court to show you were not capable of being her guardian.

Who has he made this application for the payments to - CMO ?

[Red Jim]

I have never received notification that he has applied to be her legal guardian. I’m assuming that my ex couldn’t have just made him her LG?

He would also have no grounds to displace me as I have a full time job, a house and no criminal record.

I have just received a letter from the CMS informing me that he has applied for child maintenance and that a case handler will be appointed.

I could understand this request if she was living with him, but she is not.

Many thanks again for your time and knowledge

[Amethyst]

https://childlawadvice.org.uk/inform...-guardianship/

Does the letter from the CMS say on what grounds he has applied?

Do you know who, if anyone, is receiving child benefit for your daughter? I'd assume your ex used to receive it so you might want to find out if her dad is now receiving it.

Gingerbread might be able to advise ( as you can go into details over background etc with them in confidence ) - https://www.gingerbread.org.uk/what-...t-us/helpline/

[Red Jim]

It does not state on what grounds he has applied.

I spoke with Gingerbread earlier today. Apparently he only needs to be considered her care provider, which he likely will as she is living in his house.

I find it absolutely unbelievable that I, as her father, have no say in this. Her multi millionaire grandfather just lets her stay in one of his houses for free and can claim CMS payments from me.

I would absolutely love to have her live with me and to provide for her, but she obviously won’t turn down living alone for free in a big detached house.

I feel so sad and powerless.

[Peridot]

Hi red Jim,
it is a tough one. With the age of your daughter no Court is going to make any order that she lives anywhere she doesn’t want to. Older teens have a tendency to vote with their feet!
Have you been paying child maintenance directly to her before this application? Have you informed the CMO of this if that is the case?
It would seem ridiculous to change an arrangement that has worked if that is the case and you need to discuss this with her, her grandfather and the CMO I’m afraid.