Does anyone know if I should be able to claim reduced child maintenance?

Finn19

I have been happily divorced for 14yrs and along with my "Happy Papers" I also have a court order confirming what my ex would pay towards our 2 children each month. Roughly 9 yrs ago he decided he would reduce that by £100 per month. My kids are 17 & 18 now and in uni & college. My ex has decided he is not "obliged" to support his kids any longer. He knew i coudn't afford to take him back to court hence his decision in the 1st place. I did seek legal advice some yrs ago with regards to this and was advised to go to court. I didn't want my kids to suffer the mental torture they would have recieved from their dad on the odd times he did see them (his choice). The payment he has been given me equates to £2.50 per day per child over a 5 day period. This was reduced near Christmas & birthdays. This money didn't cover their dinner money for school let alone anything like having a roof over their heads, food or clothes. I don't want my kids getting in to debt to further their education and I am finding it hard to pay uni and college fees along with the usual day to day bills (as i know a lot of people are). I have never been able to speak to my ex regarding the kids as its all my fault we are divorced. Even after 14yrs and being re-married hes still very bitter (and sad).
Does anyone know if I can go back to court to get the money he should have been paying?
He has always told the kids it's my responsibility to get them what they want and take them on holiday as I divorced him!!
It's more out of principle as I only want whats best for my kids regardless of their ages and feel that he helped make them he should also help support them.

woody01

Your kids are 17 & 18.
Hardly 'kids' now are they.
I think they have to be paid for via CSA until 19, but it is a disgrace that these young adults cannot support themselves when leaving compulsory education.

bdt1

You can approach CSA now, but only your youngest would qualify for child support via CSA, this is because your oldest whilst under 19 is in non-qualifying education - ie anything above A Levels or NVQ etc does not qualify.

But for the 17 year old, this child could qualify - CSA would take a straight 15% of your ex's wage for this qualifying child. Again, they would only start child support liability on the date they contact your ex, so if you fill forms in and they don't contact him for 6 months, then this is date NRP liability would start.

To be honest now your children asre the ages they're at, I wouldn't bother, if you go down CSA route only 1 child qualifies anyway, and not for much longer which ever way you look at it. Not sure about Court etc, but suspect you should really have approached this several years ago, think you probaly missed the boat.

May be you could encourage your children to look for a little part-time job inorder to assist support themselves, this is what my 2 eldest did/do, whilst studying

kelloggs36

Have you tried contacting the court to get them to enforce what he should have paid? That would be your only option, but they may ask why you didn't contact them before - you have nothing to lose by asking though.

Finn19

kelloggs36 wrote: »

Have you tried contacting the court to get them to enforce what he should have paid? That would be your only option, but they may ask why you didn't contact them before - you have nothing to lose by asking though.

Thank you, I went to see a solicitor a few years back but decided I couldn't put the kids through the mind games and mental abuse he would have put them through. The kids do have part time jobs and only my son has any contact with his dad. It is their dads choice not to see my daughter. As i said it's more the principle now but thanks again:j

Finn19

woody01 wrote: »

Your kids are 17 & 18.
Hardly 'kids' now are they.
I think they have to be paid for via CSA until 19, but it is a disgrace that these young adults cannot support themselves when leaving compulsory education.

Thanks, they both have part time jobs so this is not an issue. I did seek legal advice a few years ago but couldn't put the kids through the abuse they would have got had I gone back to court. Thanks anyway

markeymark

why didnt u not just goto CSA 9 years ago?