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Child Maintenance for Stepchildren

u6c00
Platinum Member

25 Apr 13 #390889 by u6c00

Reply from u6c00

My understanding is that the courts can''t overrule the jurisdiction of the CSA. If the CSA have made an assessment of the biological father (even if that is a ''nil assessment - i.e. he doesn''t earn enough to pay CM) then the courts can''t make you pay CM.

To do otherwise would mean that should the biological father''s earnings increase and he becomes liable for CM, the mother would be receiving CM from both fathers.

Gillian48
Platinum Member

25 Apr 13 #390903 by Gillian48

Reply from Gillian48

So much - just so you know - I didn''t mean that it was bizarre he had to get a job whilst at uni - my other child has just left uni and funded his way through as his father wouldn''t pay - unfortunately he''s now unemployed - the judge said if he couldn''t go to uni he would have to get a job - if you were there you would understand what I meant - I''m not going to go into it as its not my post - but just so you know - both me and my sons will be homeless in 3 months - once the youngest leaves full time education. If you actually knew all the circumstances you may understand. University certainly isn''t a free education my eldest has just finished his degree and got £26k of debts - which hopefully when he gets a job he will pay back for many years to come.

Fiona
Platinum Member

25 Apr 13 #390919 by Fiona

Reply from Fiona

A natural father is always the first port of call for CM and only when they haven''t been around and not maintained the children would a court consider ordering a step parent pays Cm. The factors weighed then are the the nature and duration of the relationship between the step parent and child.

However, it''s swings and roundabouts. When sharing assets and determining whether spouse maintenance should be paid and if so what amount the priority is the welfare of children of the family. "Children of the family" means any child that lived with the separating couple as family and the courts don''t discriminate between natural and step childen. If the natural father is unemployed and only pays the minimum required by the CSA, or nothing, regard will be given to the effect on your wife''s obligations towards the children and her income needs.

paraclete
Posted by
Premium Member

26 Apr 13 #390952 by paraclete

Reply from paraclete

Thanks for all of the feedback everyone; I do appreciate it, even the views that are contrary to my own, as it helps give a balance.

What I was really looking for though was an answer to the question of: do the Courts ensure that a process has been followed to try and make the biological father pay, before making the stepfather foot the bill? I am guessing that it hasn''t been affirmed, because the Courts do not have to ensure that. Disappointing, but I guess this whole process is disappointing.

Not really sure if biological father has the means to pay her as much as she wants. I do know that he has two houses (a fact that even my wife doesn''t know), a decent income stream that is difficult to trace, and enjoys four or five foreign holidays per year. I am not going to drop him in it though; he has confided in me, and I am not going to break that trust. If the CSA do go after him, it will be interesting to see how he plays it.

Thanks again for all of the feedback, I will let you know how I get on.

Child Maintenance Options
Moderator

26 Apr 13 #390983 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Paraclete

Thank you for your post. I am William, the child maintenance Options consultant. I understand that your soon to be ex-wife would like to claim child maintenance from you for your step-children.

Under the guidelines of the Child Support Agency (CSA), child maintenance is payable by the natural or adoptive parent of a child. However, to clarify whether you would be responsible for paying maintenance for your step-children through the courts, you may wish to seek legal advice. The Citizens Advice Bureau (CAB) provides free information and advice on topics such as legal, housing and debt. You can find your local CAB in the phone book or click on ‘Find your local CAB’ on their website at www.adviceguide.org.uk. Alternatively, you may wish to discuss your concerns with the solicitor dealing with your divorce proceedings.

With regards to your query about how long maintenance is payable for, under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. Before 10 December 2012, the upper age limit was 19 years old. To find out if the courts follow these guidelines you would need to confirm this legally.

We have a sorting out separation web-app that you may find useful, it offers help and support to separating families. You can find this at: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

If you would like to talk to our team in complete confidence about child maintenance you could give us a ring on 0800 988 0988. We also have some other useful tools on our website to help support separating parents.

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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