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dependant childrens age

  • gerrygr9
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14 Aug 08 #40281 by gerrygr9
Topic started by gerrygr9
Hi to everyone.....great site and very informative

Could anyone answer a question regarding my children. I have 3 children 22, 21 and 18. The older two live (full time) away at University and I am happy to help to support them financially direct into their bank accounts. The youngest is 18 and lives with the mother at the marital home. He attends 6th form college and will be there for one more year. It is not expected that he will go on to university when his college course is finished. I support him financialy directly and through his mother.
I have searched high and low but I cannot find out exactly when they cease to become "dependant children"
I have read that maintenance is payable untill the age of 18 or if the child is in full time education. What does this actually mean agewise or is support required up until degree level, whatever age that might be?
Is it imperative that any support monies be paid for the 18 year old to the mother or can I pay them directly to the child once he/she has past 18? This would be in the same way as the older two are currently paid, bearing in mind that the youngest still lives with his mother.

Any advice would be appreciated

Gerry

  • pyrategal
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14 Aug 08 #40294 by pyrategal
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hi gerry ..had to smile when i read this ...im in my 40's and still (due to circumstances) a dependant child....i hate having to rely on the bank of mum and dad still but the kids would starve if we relied on their dad for support....i think its great that you are supporting them through their education....someone on here will be able to answer your question im sure...

  • stillalive
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14 Aug 08 #40295 by stillalive
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or is support required up until degree level, whatever age that might be?

Yes. There might be a limit to it, like he is 45 and in his seventh course for he cant decide what he wants but if he chooses to do some further education you pay.

If they live with the mother you pay the mother. You contribute to his costs. unless he has a contract with his mother that he pays rent and buys his own food

  • mike62
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14 Aug 08 #40298 by mike62
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Gerry,
As I understand it to the letter of the law, up to the age of 19 years they are covered by the provisions of any Consent Order issued by the court. Beyond that age, the support may be directly with the young adult, or the parent with whoever the young adult resides.
Mike

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14 Aug 08 #40306 by Fiona
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In Scotland a child is defined in family law as a person under the age of 18 years or over that age and under the age of 25 years when undergoing eduction or training. Unfortunately in E&W there is no such definition and if child maintenance is arranged through a Court order (either by consent or imposed) you will need to check the terms of the order. A Court may extend the term of the order for over 18s in education or training.

For CSA purposes a child is under 16 or between 16 and 19 and in full time, non-advanced education ie not higher than A level standard. However, for student loan purposes a dependent student is defined as under 25 and having not lived independently for at least 3 years.

Under the Children Act 1989 over 18s may apply in their own right for maintenance from parents although this route isn't open if there was a court order in respect of them before their 16th birthday.

Confused? :S

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14 Aug 08 #40310 by Fiona
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PS It is common that orders under the Matrimonial Causes Act 1973 for child/ over 18s maintenance to be paid to the parent with whom the child usually lives for the benefit of the child.

  • mike62
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14 Aug 08 #40311 by mike62
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Positively puddled Fiona :laugh:- no change there then ;)
Mike

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