Child Maintenance Over 20

Guillemot5

Hello, my ex husband and I divorced recently and have a 22 year old daughter. The Consent Order included ex paying a monthly amount towards daughter, until she turned 22. 

Daughter has SEN and long term disabilities and receives Universal Credit. Due to health issues, she may never be fully independent and may struggle to work. She lives with me and sees her dad about once a month. Ex lives with new partner and her child. Although on a good salary, he says he can't afford to keep contributing. 

So, my question is, although CM usually stops at age 20 or younger, if the 'child' may be dependent on the parent they live with, for a long time, possibly always, should the other parent be helping financially too? What's the legal stance on this?

elsien

The legal stance would be what you agreed on the consent order. Your daughter has reached the age where that no longer applies - anything more your partner might choose to pay is completely optional. There is no obligation to continue supporting an adult, with or without a disability. 

Is she not eligible for PIP as well as UC? 

tightauldgit

Guillemot5 said:

Hello, my ex husband and I divorced recently and have a 22 year old daughter. The Consent Order included ex paying a monthly amount towards daughter, until she turned 22. 

Daughter has SEN and long term disabilities and receives Universal Credit. Due to health issues, she may never be fully independent and may struggle to work. She lives with me and sees her dad about once a month. Ex lives with new partner and her child. Although on a good salary, he says he can't afford to keep contributing. 

So, my question is, although CM usually stops at age 20 or younger, if the 'child' may be dependent on the parent they live with, for a long time, possibly always, should the other parent be helping financially too? What's the legal stance on this?

Legally the child is not a dependent on either parent at this stage and there is no obligation to pay child support beyond what the consent order said. CMS wouldn't be able to help you.