Challenge to age limits

Donedoingdebt

Has anyone, anywhere, at any time ever challenged the CSA/Government regarding the NRP having to continue to pay child support in some cases until the "child" is 20? I can understand having to pay past 18 until the end of the school year but I can't fathom why we have to pay for an adult that has left school.
My Wife's case with her ex is being dealt with by court order & they have stated that maintenance should be paid up until her Son's 17th birthday.
Any claim after that date will have to be made by her Son & treated as a new case.
Just wondering if anyone could shed any light.

kelloggs36

It isn't up until the age of 20 at the moment, it is 19 and only if they are in non-advanced education (eg A levels or equivalent). Whilst they are in non-advanced education it is deemed that they are reliant on parental support. An application can be made to the Courts apparently by a child who is studying in higher education such as University for maintenance by their parents, but I can't find any substantial info on this. Any claim by her son could not be made to the CSA, it would have to be made by his mother (unless they live in Scotland when a child can make an application from the age of 12). The case you refer to I believe is what I need info on as my daughter is going to Uni in September and wishes to claim maintenance from her father.

So, if the son has left school and is working then there cannot be a claim made.

Donedoingdebt

Thanks for clarifying that. I began to worry when a couple of responses to an earlier thread of mine suggested age 20 was the upper age limit in certain circumstances (which do not apply to me). That's put my mind at rest.

Mr_Green_Genes

kelloggs36 wrote: »

It isn't up until the age of 20 at the moment, it is 19 and only if they are in non-advanced education (eg A levels or equivalent). Whilst they are in non-advanced education it is deemed that they are reliant on parental support. An application can be made to the Courts apparently by a child who is studying in higher education such as University for maintenance by their parents, but I can't find any substantial info on this. Any claim by her son could not be made to the CSA, it would have to be made by his mother (unless they live in Scotland when a child can make an application from the age of 12). The case you refer to I believe is what I need info on as my daughter is going to Uni in September and wishes to claim maintenance from her father.

Paragraph 2 of Schedule 1 of the Children Act 1989. The 'child' has to make an application to a Court for this.

kelloggs36

Mr GG, I was referring to any application made to the CSA if the child is under 19 years of age, not the application to the Court which must happen when the maintenance is no longer the jurisdiction of the CSA. I obviously didn't make that clear enough.

Mr_Green_Genes

kelloggs36 wrote: »

An application can be made to the Courts apparently by a child who is studying in higher education such as University for maintenance by their parents, but I can't find any substantial info on this.

That's the bit I was answering. Sorry if I misinterpreted it.

kelloggs36

No probs - I was trying to say that the application could be made by the child to be maintained by their parents, but it didn't come out right!!!

welshcakes

My ex has never paid a penny toward our daughter who is due to go to Uni in September however the CSA have turned round and sent us both notices that he has to pay x amount per month for her from this month onward. I can only surmise that this is because she is named as still in f/t education on my recent application for tax credits that included her.

This seems odd as I didn't think the two departments were linked but I find no other reason why the CSA would suddenly approach him for support. He's only just managed to remember a card for her on birthdays/xmas so it will no doubt wrangle him (and his current wife) owever since I am a carer on income support, I have no choice but to accept the maintenance as I understand it will be deducted from my IS as routine and I certainly can't afford to live on less when his household brings in £50k+.

My daughter doesn't want his money as a matter of principal however I've reminded her how expensive Uni books and food bills are!

gypsyjanet

" This seems odd as I didn't think the two departments were linked but I find no other reason why the CSA would suddenly approach him for support. "

Welshcakes, If you are on benefits and /or live in council accomadation you may check your tenenacy agreement to see if you have an " Information sharing agreement" All government departments now have this areement to share your information but it is only supposed to be shared when for eg someones life is in danger .
You can ask for a copy of this info sharing policy it makes really interesting reading.
I have now put a block on my medical documents from being accesssed ( YES !!!) and Id advise anyone else to do the same, the government plan to download all our medical info onto a central computer known as S.P.I.N.E.
They have just recently made a mistake with the jobs comupter for new doctors where all personal info including sexual preferences were published freely over the net. Have a look on this web site if I remember its called The Big Opt Out.

welshcakes

Hi gypsy. Well I fall into the catergory of benefits recipient (I'm a carer) but our renting is private with no IS Agreement. Still, not of any consequence really as there won't be any actual change in money coming in (give with one hand, take back with other).
I shall have a read up on SPINE as it got a very limited press some months back before going quiet. Thanks for the link!