When can payments end if not through CSA?

debnmade

Hi there, first post and hoping for some clarification about this situation if anyone who is in/ has been in the same boat could help.

When my husband split from his first wife 14 years ago they reached an agreement at the point of separation via the court about maintenance payments for their daughter. CSA were never involved, not even sure if they existed then! A copy of the agreement from the court states that maintenance is to be paid up until 16th birthday (it states the date on the paperwork). However, I'm asking if this is now relevant and legally binding? Can payments now stop being made to my husband's ex-wife? My husband would prefer to give money directly to his daughter and set aside part of the payment each month for if she decides to go to Uni. We are quite unsure about how the land lies and obviously do not want to start any rows! Would appreciate some guidance if anyone can offer it. Many thanks.

CSA_Help

I take it the child is now 16 ?

debnmade

Yes she is

shell_542

If the court order says up until 16th birthday, then I would imagine the payments could stop then.

But then there would be nothing stopping the Mother applying to the CSA for further payments as long as the child isn't working full time and/or is in further education. You could offer to pay the daughter direct, but the mother doesn't have to agree to that. She is still due payments for the child until she is 19 or leaves non advanced further education before 19.

Personally I think I would leave the payments as they are if we could still afford them until the parent no longer qualifies for child support and then offer to pay the child directly if you still want to contribute if/when she goes to uni.

Or if the court amount was a struggle I would have a look on the CSA website, at the online calculator and see how much they would ask for through them and offer that to the mother directly.

I would just bear in mind that at any point after the child turns 16 and still qualifies, the mother could apply to the CSA if she so decided.

PennyPinchingMiser

Unless it's changed recently, it was that if the child was eligible for Child Benefit, the child was also eligible for Child Maintenance.

HTH

CSA_Help

You have a legal document stating this but the parent with care may go to the CSA as she is still at school .If you are on talking terms with the PWC ( parent with care) try and get a private agreement as in my experience the CSA would just alienate things (only in my experience though)

debnmade

Thanks for the replies. As I said, we certainly don't wish to upset the applecart so will continue with the present arrangement. Many thanks.

Donedoingdebt

PennyPinchingMiser wrote: »

Unless it's changed recently, it was that if the child was eligible for Child Benefit, the child was also eligible for Child Maintenance.

HTH

Only up until the age of 19, even if CB continues after that.