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Child Maintenance and Other Payments Act 2008

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Comments

  • blimey40
    blimey40 Posts: 573 Forumite
    In all walks of life child is an adult at 18, in my view ridiculous to extend it to 20
  • If an NRP is being taken to court by an ungrateful 18 year old child (albeit under pressure from a vile ex wife) for financial support regarding university costs, would both parents be means tested. Especially as her living costs are subsidised by the second idiot to have married her (me being the first)? P.S. I am currently voluntarily supporting him, but she wants to get yet another pound of flesh off me.
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Mark666666 wrote: »
    If an NRP is being taken to court by an ungrateful 18 year old child (albeit under pressure from a vile ex wife) for financial support regarding university costs, would both parents be means tested. Especially as her living costs are subsidised by the second idiot to have married her (me being the first)? P.S. I am currently voluntarily supporting him, but she wants to get yet another pound of flesh off me.

    The Childrens Act is quite clear - only a parent(s) who does not live with the child will be assessed. Any parent living with the child will automatically be incurring costs for homing child, whereas the other parent will not.
  • Mark666666 wrote: »
    If an NRP is being taken to court by an ungrateful 18 year old child (albeit under pressure from a vile ex wife) for financial support regarding university costs, would both parents be means tested. Especially as her living costs are subsidised by the second idiot to have married her (me being the first)? P.S. I am currently voluntarily supporting him, but she wants to get yet another pound of flesh off me.

    That is shocking:eek:, if you are already voluntarily contributing:rolleyes:. I would speak to a solicitor as not many of these cases have been awarded with money in the end. it very much depends on your financial circumstances aswell as to whether they would win anything and isn't as successful as maintenance claims for a minor as they ARE financially dependant on you. However it is a nice thing to support your child with as much as you can afford whilst they are in university:T
    No they would not look at the parent with care's contribution (from what I understand) besides its not really a competition of who provides what. If you provide what you can then you know you are doing your best by your child/adult
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    And also, if the child applies in respect of one parent, that will be all that is considered.
  • Thank you LizzieS, Dancing Shoes and kellogs36 for the help and advice, cheers.
  • That is shocking:eek:, if you are already voluntarily contributing:rolleyes:. I would speak to a solicitor as not many of these cases have been awarded with money in the end. it very much depends on your financial circumstances aswell as to whether they would win anything and isn't as successful as maintenance claims for a minor as they ARE financially dependant on you. However it is a nice thing to support your child with as much as you can afford whilst they are in university:T
    No they would not look at the parent with care's contribution (from what I understand) besides its not really a competition of who provides what. If you provide what you can then you know you are doing your best by your child/adult

    Message to Dancing Shoes (and anyone else who may be able to help or advise). With regard to 'not many of these cases have been awarded with money in the end' - do you know of any such cases? I would appreciate any information thanks. Everything seems stacked against me and fellow NRPs. I want to voluntarily give my son financial help and NOT be told to by a faceless judge. Especially sad when my son and I have NEVER had a cross word between us. These situations obviously strain even a great father-son relationship to breaking point and all because of a bitter ex-wife pulling the strings! Pity my 18 year old son hasn't the common sense to realise the damage he is helping to cause, aiding and abetting his 'mother', who gets her kicks out of seeing others suffer.
  • Dancing_Shoes
    Dancing_Shoes Posts: 419 Forumite
    edited 1 October 2009 at 3:02PM
    Sorry the cases were ones I was told about by our solicitor so I don't have specifics but he did say that it was normally aimed at parents who refused to contribute at all. If you want to pm me you can, google would be a great starting point. Have you had a free consultation with a good solicitor?
    As your son is an adult it will be him putting his case to the solicitor/judge not your ex. It is very sad that he would do this to his own father bearing in mind you are paying what you can and I think he is at real risk of losing his relationship with his father which is very sad!
    How much has he asked for against what you are currently paying?

    I am also not sure the childrens act would cover your son as he is no longer a "child", will get my legal head on later and have read of some legal bits
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    I am also not sure the childrens act would cover your son as he is no longer a "child", will get my legal head on later and have read of some legal bits

    Schedule 1, paragraph 2 is headed "Orders for financial relief for persons over eighteen"

    http://www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_1
  • Thanks Lizzie you beat me to it;)

    I would strongly advise you speak to a solicitor as there are always ways around these sorts of actions particularly if you are already paying.

    At the risk of upsetting anyone I would in the mean time stop the payments you are "voluntarily" making and put this money into an account as you may be ordered to pay alot more than you are already contributing and if you can't afford this then this pot of money will help you. It is really a very sad story of a child being manipulated by his bitter mother or just being plain ungrateful and I really feel very sorry for you. University is something we unfortunately won't have to worry about due to my husbands children not caring about their education:rolleyes:
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
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