Child support for child with autism

kevin137

I still think you have seriously overpaid, and that the CSA are making a mockery of the system and giving you the wrong advice, you need to make a formal complaint as quickly as possible, and make sure you involve your MP, it will speed up the process for you and also keep them in line with making sure they follow the law...!

I would also insist that any overpayment is repaid in a timely manner, within 4 weeks of your complaint, adding in that if this is not done that you would consider legal action for recovery with interest and base rate + 3% back to the dates when the money was paid according to the wrongly imposed assessment.

Stick to your guns on this, it is absurd they can advise this which is contrary to ALL the paperwork they publish which is upto the childs 19th b/day...!

I would also consider taking an injunction against them collecting the money as well if they are slow, this can be applied for easily enough at the County Court, and can include any recovery of money owed to you as an estimate to be calculated at a later date nearer the hearing, so you would make an application going by what you have paid + costs and interest since the date of his 19th b/day.

I know people will say you can't take an injunction, but you CAN so consider it as a move that will address the problem, a court will look at what the legal situation is regarding the law and can order repayment from the CSA, which then means they would have to recover (if they so choose) from your ex...

JimmyTheWig

I'd ask the CSA to put that response in writing and ask them to identify where in the rules it says that this is the case.

asgoodasitgets

Thank you for your replies... I have to say I have found this forum brilliant and so helpful.:A

I will write to the CSA and MP, but each time I have spoken to the CSA I get the same reply 'he maybe 21 and only doing 16 hours at college but it is still education and you have to carry on paying until he leaves college'. I know this will go on as he
has just been enrolled again for another 2 years and again when this course finishes when he is 23 he will be put on another course. So the age of 19 seems to be different if she can keep getting him on a college course (no matter what it is).

What happens is my ex is very, very clever and well educated. So she knows all of the loopholes. So I think I maybe working forever to support them (I would dearly love to slow down now as I am close to 60 and think about retirement - but this seems like a long, long way off). Unfortunately due to the circumstances I could not keep payments on a pension as my CSA took any extra money. So I will have to keep working to fund the repayments each month.

Her third husband has 3 children he never sees and has never paid a thing for (she has made sure of this) which I think is appauling and I am disgusted by it. She knows how to work the system as she only works 16 hours a week so she can claim full benefits and as my son is registered as autistic (although it stops him from doing nothing a young man of his age would do) she says there is nothing I can do as that is what the courts have said when the divorce was granted.
To be honest when the divorce and child support was set up I was devastated as I wanted the family to keep together (even after her numerous affairs). She agreed that I should have the boys, who were then teenagers until she found out that she would not be getting a house and funding, so reverted back to wanting them. I then brought a house for her and the boys and a week later a boyfriend moved in, she was then married within a year again.

I feel that I have done everything for the boys and have never quibbled at anything and I have no problem at all with paying, they are my sons. The ex has used the CSA money to fund a very nice life style with lovely holidays, as this was extra to what her latest husband was earning so was able to put this away and fly all over the world, which is not a problem, as the boys are now very well travelled and have wonderful experiences. I have no issues with this and after all the heartache she has caused many times over with her careless attitude towards marriage and family I have to say that I am now the lucky one as I have found a wonderful partner after many, many years on my own, where she (the ex) now wants another divorce from husband number 3! Amazing how things turn around..... I am not a nasty person, so actually feel sorry for her but as they say you reap what you soe. There have even been comments to the boys that she wished she was still married to me!:rotfl: NO WAY!

Anyway, thank you everyone... you are real stars.

elaine12022

This link may be helpful

http://www.divorcelawscotland.com/news/students-to-sue-parents-for-university-fees.html

It looks like in some cases parents can be responsible till the age of 25, it is called 'aliment' and is administered through the courts not the CSA.:)

asgoodasitgets

Thank you for the website, I have looked at it and wondered if this is what the CSA refer to. Most grateful for your help.
The ex wife has only been in Scotland for 4 years as they moved up with the 3rd husband for work so it was not under Scottish law (which I am not sure if this is different to English) which the divorce was settled in the court.
The only thing is that my son has no costs for college as it is all free, he also lives at home with my ex wife and husband, who get various benefits for my son and funding.
I am happy to pay my son money direct until he is 25 instead of my ex wife, but she will not hear of this.
I will try and find out from the courts and see exactly where I stand in this matter.
Many thanks

kevin137

elaine12022 wrote: »

This link may be helpful

http://www.divorcelawscotland.com/news/students-to-sue-parents-for-university-fees.html

It looks like in some cases parents can be responsible till the age of 25, it is called 'aliment' and is administered through the courts not the CSA.:)

Which is wrong in his case, if it was through the courts it may be very different, but the CSA cannot administer payments after a child's 19th b/day. What they are doing is effectively stealing...!

PreludeForTimeFeelers

Call back ASAP, if you get no joy ask for a supervisor. There should be NO regular maintenance beyond 19, anyone telling you otherwise is wrong. It's irrelevant what the QC does beyond 19, payments stop at that point. Arrears would still be due, so anything owed previously would still be collected.

elsien

I would also query why your wife is getting benefits for your son when if he is capable as you say he should be getting them in his own right. Which would in turn give him a few more options instead of always relying on mum.

exarmydreamer

I have a son with Aspergers and is also very intelligent. From the age of 16 yrs, he is entitled to claim DLA etc in his own right, providing he can handle money himself. She is stealing his benefits and using him now to gain money from you.

I, too will be keeping my son in college/special school as long as possible but would not expect an ex husband to carry on paying for him at his age, (I am still married to his father). She, unfortunately is taking advantage of your good nature and using his high functioning autism as a reason for you to give 'her', money. She is indeed very sad, please don't let her carry on. Why not as suggested, give him an allowance, so he can appreciate your support and not rely on her giving him 'his', money.