Full time education and child support

kenny810

I am in the unhappy situation, like a lot of people here in that I am now looking at child support arrangements.

I have 3 children, 11, 14 and 18. Couple of questions that I just cant seem to find answers for.

My 18 year old has just finished his A levels, but is choosing to stay on an extra year at college to take some AS exams in September. Would I still be liable for child support for him, until he leaves his third year at college, next June.

As to housing we have a very large mortgage and there is no way I could afford to pay child support, and the mortgage and have a home, food and basically a life sould I move. We have discussed selling, and all agree this is the best option. Are there any rules on providing a home for my children once the house is sold. Would I be liable for the full cost or could this be shared.

Hopefully someone can shed some light.

Thanks

Kenny810

kevin137

You are not try clear on what you are paying now and how much...

Is the property in joint names...? Have you moved out of the property...? Where you married...???

Are you paying CSA or by agreement...???

What are you paying...???

The more info you give the more detailed a response or advice people can give you...

kenny810

Hi,

Not got to that stage yet as only just agreed to seperate.

House is in joint names, and the CSA are not involved - I am hoping that we can agree something without them as it should be best all around.

kevin137

Are you married...? It makes a huge difference to what you can and can't do, or should or shouldn't do...

skibadee

Basiclly as long as a child is entitled to chid benefit child maintenance is payable, further education is included in this but not higher education.

As for the house/mortgage etc., I think you will need legal advice there.

If you can come to a mutual private arrangement it is better for all concerned.....I would advice anyone to only use the CSA as a last resort.

kenny810

Yes we are married

kevin137

Ok, the 1st problem you will encounter with a divorce is that they can take equity in a house in leu of Child Support, this is NOT good as your ex could if she so chose go to the CSA 1 year and 1 day later, and claim CSA.

This means that you could allow say a £25,000 payment in settlement for child support and end up paying it again.

So the sound advice is to get a CSA schedule set up before any divorce proceedings. This costs you nothing, can be paid direct to the CSA from source or even direct using "Maintenance Direct" but it sets a limit for the minimum expected from you in law.

This will protect YOU from getting screwed by the CSA at a future date with any divorce settlement.

The next thing you need to understand, is that while you may own the house jointly, you are not necessary liable for all the bills once you have split. This is what CS is for.

You need to weigh up the options of your own situation and or joint situation depending on your relationship, but be aware things change, it may well be all rosy now but say you meet someone else, are the Ex's opinions going to change, will she become bitter etc, hopefully not, but you need to be prepared for this.

Is there any chance of you buying her out, or her buying you out of the house...? If not, then the only real option is for it to be sold And the equity split. You cannot pay everything and live yourself and it is not fair you do this.

Maybe in your divorce you could buy her out, but rent the property back to her, giving her a lump sum and the means to be able to claim housing benefit, not quite sure how that works, but it may be an option.

As for how long you pay CSA, your eldest while still in education is still eligible for CS but only until the Monday following the childs 19th b/day, and the rates are 25% of your net income for 3 and 20% on net income when that change comes.

Anything else you want to know ask, you will get different answers from different people, and different advice i am sure, it is for you to think what is best for you and your children, but look long term, not short term, and look at what life you will be able to have should you choose to meet someone else, buy another home etc.

he biggest problem for you would be, that while you are paying her bills and CS you will NOT be able to afford a home yourself and as such have decent overnight contact with you kids, that is normally the case anyway, but you can work things accordingly if you are a little tough with your ex while still providing MORE than is legally required.

Just remember, whatever you do, will never be enough in her eyes financially... And that is something you will have to get used to unfortunately...

clearingout

kevin137 wrote: »

Just remember, whatever you do, will never be enough in her eyes financially... And that is something you will have to get used to unfortunately...

for goodness sake Kevin, don't fill the man's head with this rubbish. He is trying to find out what's what and avoid using the CSA if necessary. Suggesting that whatever he does will be wrong is just...plain wrong! Many of us cope perfectly well post-separation with a mixture of our wages and benefits and tax credit top-ups and even some child support where it's offered. Many manage with less child support than the CSA would 'award' and sometimes some of us earn far more than the people we are separating from and are able to manage without anything at all. Still more of us are forced to manage 'cos we have exs who won't pay child support.

Within all of that, we are able to acknowledge that our ex's are perfectly acceptable parents and love their children just as much as we do. Not paying child support or causing problems with contact is a form of control aimed at keeping a stranglehold on the life left behind - if the OP is posting here in an attempt to keep things amicable, don't give him ideas that things have to go the most difficult way possible. Keeping the mind open, having an ability to compromise and work through things logically trying to see the other person's point of view is the best any of us can do for our children in the short, medium and long term.

OP - whilst Kevin makes some valid points, there is no substitute for solid legal advice when divorcing. Additionally, I would suggest looking at wikivorce.com which is a specialised divorce website with huge amounts of quality information on the process and what to expect.