When does Child Maintenance stop?

Expat33_2

have already decided that I will do that anyway, just needed a rant I guess. The sad thing is that my son will come out if uni with more debts now as I cannot afford to pay for his accommodation and pay the parasite. My son has considered moving in with me to negate my obligation to his mum, but my daughter got upset so decided to talk my son out of it.

Breathe... That's better

BB19710

Im new to this and not sure how to post a question on here but need some advice on child maintenance. My exhusband and I have a private agreement which states that he pays maintenance until my daughter is education, it specifically does not state an age for the reason that I wanted him to continue to support his daughter should she go to Uni. She starts Uni in September and will be 19 in July. He only started paying maintenance in Dec 2004 when my daughter was 12 and not a penny before hand, we divorced when she was 2. Or agreement states that providing he continues paying I can not make a claim for the unpaid maintenance monies. The last payment I received from him was Dec 2010 and my daughter has only left college, June 2011, so I have not had a penny from him at all this year. With this private agreement in place does any one know if I have a legal case to pursue him for the unpaid maintenance monies? I really cannot afford a lawyer so any advice would be appreciated....thank you

NeddySeagoon

BB19710: I believe he has to pay you child maintenance until the beginning of September in the year your child turns 19, so long as they are in secondary education. They still have to pay in the August, even if your child finishes school in the July. So it seems he owes you 'back' money...
I have noticed many threads stating NRP's must pay during tertiary education as well. There is no law to back this up, but Judges can interpret individual cases to include university; I think in most cases though, the NRP would have to be pretty financially 'comfortable' for a Judge to enforce that, as the 'child' of course is quite capable of taking part-time employment whilst at Uni. Certainly, the CSA have no interest once a child turns 19 & leaves school. This circumstance however, requires the child (19) to take the NRP to court, the resident parent cannot do so. This is naturally somewhat unsavoury for both 'child' & NRP.
My query for anyone is this: I have regularly paid maintenance; my youngest turns 19 this September. However, she bunked off most of Lower 6th, & has had to re-sit the year, so will still be at school until July 2012 (19 years & 10 months!). I had intended stopping maintenance this September when ordinarily I could have. I also planned & had told my daughter I would be paying her pocket-money for clothes, etc, but my ex-wife has caught wind of this, and intends sending me a letter telling me I have to continue paying maintenance. I'm trying to avoid re-acquainting myself with my solicitor, but there is nothing definitive on the web to cover this scenario. My view is I could refuse, but knowing my ex, she would make my daughter take me to court, even though I intend to be giving my daughter a decent sum directly. Views anyone ?

NeddySeagoon

BB19710: I've just re-read your entry. With regard to your ex's non-payment since December, I believe you can take him to court over it, because until September of this year (being the year your child turns 19), monies are due to you, not the child.

Kimitatsu

NeddySeagoon wrote: »

BB19710: I believe he has to pay you child maintenance until the beginning of September in the year your child turns 19, so long as they are in secondary education.

Correct
They still have to pay in the August, even if your child finishes school in the July.

Child maintenance is paid in arrears so the final payment will be in September.

So it seems he owes you 'back' money...
I have noticed many threads stating NRP's must pay during tertiary education as well. There is no law to back this up, but Judges can interpret individual cases to include university; I think in most cases though, the NRP would have to be pretty financially 'comfortable' for a Judge to enforce that, as the 'child' of course is quite capable of taking part-time employment whilst at Uni. Certainly, the CSA have no interest once a child turns 19 & leaves school. This circumstance however, requires the child (19) to take the NRP to court, the resident parent cannot do so. This is naturally somewhat unsavoury for both 'child' & NRP.

Again you are quite correct and to be honest I dont think many courts are even considering these cases but there are few statistics to back it up.

My query for anyone is this: I have regularly paid maintenance; my youngest turns 19 this September. However, she bunked off most of Lower 6th, & has had to re-sit the year, so will still be at school until July 2012 (19 years & 10 months!). I had intended stopping maintenance this September when ordinarily I could have. I also planned & had told my daughter I would be paying her pocket-money for clothes, etc, but my ex-wife has caught wind of this, and intends sending me a letter telling me I have to continue paying maintenance. I'm trying to avoid re-acquainting myself with my solicitor, but there is nothing definitive on the web to cover this scenario. My view is I could refuse, but knowing my ex, she would make my daughter take me to court, even though I intend to be giving my daughter a decent sum directly. Views anyone ?

I am assuming this is done under a private arrangement then? Even if done by court order then you could take it back to court for a variation to the agreement (you dont need a solicitor to do that) and request that it now comes under the remit of the CSA. The PWC will have to apply to the CSA for an assessment, who will not enforce the case as the child is over the age limit as I understand it.

Here is the evidence for you

<H1>Re1198 - Maintenance payments: Child Support Agency Assessments: When do payments under a Child Support Agency assessment end?

A CSA assessment does not normally show a cessation date as it should be reviewed at regular intervals by the CSA, usually every two years. Payments will normally end when a child reaches age 16, unless they must continue

• to age 19 to allow the child to complete full time education (but not advanced education for a degree or similar qualification) or
• to age 18 if the child is registered for work or youth training but has not yet started youth training or found work which will last for more than 12 weeks after he/she reaches age 16.

If the child receives Income Support in his own right he ceases to be a 'child' for the purposes of the CSA.

</H1>

john1985

I am a non-resident parent in the UK and currently pay child support for my daughter who has i lived in the Irish Republic with her mother for the last 9 years.At what age will i have to cease paying child support? The reason i ask is that the law in the Irish republic states up to the age of 23 if the child is in education (including university) yet the law in the UK states 18 yrs of age.

mitzizoe

Advice Please I am desperate!

My ex-husband and I divorced 10 years ago. My daughter who will be 19 in November starts University next month. She has not seen her father for 7 years - her choice not his. During this time he has paid regularly through the CSA, never missing a payment, he has also always sent birthday and christmas gifts to her, which I am grateful for. His CSA payments will now stop, I have asked him to continue to support our daughter through university and he says he would be willing to help out but that he would like to have contact with her - I have spoken to my daughter about this but she is very headstong and says she won't be blackmailed into seeing him and will take him to court for support.
Can my daughter take her father to court for support whilst she is at university - or do the CSA payments count as periodic payments?
I would be really grateful for advice.

Transformer

mitzizoe wrote: »

Advice Please I am desperate!

My ex-husband and I divorced 10 years ago. My daughter who will be 19 in November starts University next month. She has not seen her father for 7 years - her choice not his. During this time he has paid regularly through the CSA, never missing a payment, he has also always sent birthday and christmas gifts to her, which I am grateful for. His CSA payments will now stop, I have asked him to continue to support our daughter through university and he says he would be willing to help out but that he would like to have contact with her - I have spoken to my daughter about this but she is very headstong and says she won't be blackmailed into seeing him and will take him to court for support.
Can my daughter take her father to court for support whilst she is at university - or do the CSA payments count as periodic payments?
I would be really grateful for advice.

University places are supported by grants and loans not the csa. When child has left secondary education (19) all help stops unless you come to arrangement that nrp volunteers between you and the child. To be honest if your daughter does not value her nrp to even let him see her, I dont see why you expect him to even volunteer help, she does not deserve it.

But to put it simply once left secondary she is entitled to no help from any nrp and needs to fund it herself like everyone else to later repay it when in work.

mitzizoe

Thanks -I do agree with you but my daughter says she can claim from my ex-husband through the children's act Schedule 1 Paragraph 2

Although I also understand that the children's act says
No order can be made; if a order under any regime for periodical payments was in force before the child was 16

so I really want to know whether the CSA payments count as periodic payments. Please can someone advise on this. I would be really grateful.

CSA_Help

Is this any reason to celebrate

Wonder if they can sort the rest of my mess out :rotfl: