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Gym
Posted by
Junior Member

27 Jun 14 #438071 by Gym

Topic started by Gym

Gillian48
Platinum Member

27 Jun 14 #438079 by Gillian48

Reply from Gillian48

As far as I know - but I''m not an expert - child maintenance obligations cease when a child leaves full time education - which depending on the course could be up to the age of 20 (depends on when the child''s birthday is).
I presume the same applies for a disabled child - when my child was at university I wasn''t able to apply for any child maintenance but was told that the child could apply for maintenance in their own right!
I''m not sure if this is still applicable or how to go about it as it was a few years ago - I never pursued this due to the costs involved.
I''m sure the wise wikis will come along and help you with more information soon.

Fiona
Platinum Member

27 Jun 14 #438081 by Fiona

Reply from Fiona

Are you divorced and is there a final financial order?

Although the courts powers are limited and usually the Child Maintenance Service/CSA has jurisdiction for child maintenance when the child is under 16 or until 20 years of age if the child is in non advanced full time education. It is possible though to claim top-up payments through the courts to cover expenses related to a child''s disability under Schedule 1 Children act 1989. In special circumstances (e.g. disablement) a court can order also order child maintenance for over 18s.

Under the Matrimonial Causes Act 1989 when the Court makes a final order settling the finances on divorce the order can take into account the needs of any disabled children of the family.

The considerations are the needs of the "child" and financial position of both parents and the child so the incomes and any state benefits are taken into account.

Gym
Posted by
Junior Member

28 Jun 14 #438145 by Gym

Reply from Gym

Child Maintenance Options
Moderator

15 Jul 14 #439759 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Monty74

Thank you for your post. I am William the Child Maintenance Options consultant. I would like to point you in the direction of where you can seek advice regarding receiving financial support when a child has left full-time education but still requires care.

Here at Child Maintenance Options we provide free impartial information and support to parents and anyone else with an interest in child maintenance. We are different to the Child Maintenance Service because we do not put maintenance in place, but we can help parents make choices about child maintenance.

As there are no set rules to follow where there is a family-based arrangement in place, both parents can decide together if child maintenance payments should continue once a child leaves full-time education. Although it is not a legally enforceable way to arrange child maintenance, many families feel that this flexible type of arrangement tends to work better than the alternatives. You can find more information about family-based arrangements, as well as tools to help with setting one up on our website at www.cmoptions.org

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. You can find more information about when Child Benefit payments stop on Gov.uk at www.gov.uk/child-benefit-16-19. You can also find more information about when child maintenance payments stop on the same site at www.gov.uk/when-child-maintenance-payments-stop.

Citizens Advice Bureau provide free information and advice on topics such as legal, benefits, housing and debt. You may wish to contact them to gain a legal viewpoint regarding how child maintenance can be arranged using the legal system after a child leaves full-time education. They may also be able to help explain what other financial support is available when a child over 20 is unable to support themselves. You will find more information along with their contact details on their website at www.adviceguide.org.uk.

The Department for Work and Pensions have a web application ‘sorting out separation’. It has a Legal and mediation section which you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

For more information on the ways to set up child maintenance, please visit our website. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday.

Regards

William

Fiona
Platinum Member

15 Jul 14 #439790 by Fiona

Reply from Fiona

When child maintenance is agreed as part of a Consent Order settling the overall finances on divorce the terms are legally binding and enforceable. If that is the case you are entitled to know when payments end and if there is no end date you may need to go back to court. YOu would need to consult a solicitor to check the wording of the consent order to confirm whether or not it is written in a form that is binding.

On the other hand if the agreement to pay child maintenance was made voluntarily between yourselves and not included in a consent order you aren''t legally bound by the agreement. HOwever your ex or your son himself may be able to apply for child maintenance through the courts. A solicitor in possession of the relevant facts is in the best position to advise where you stand and what options there are in your particular circumstances.

bass_ferret
New Member

04 Aug 14 #441332 by bass_ferret

Reply from bass_ferret

I am in a similar position. I have a consent order that says I pay CM until further order so that is crystal clear. There is no SM as she has remarried 9 years ago. My daughter has been in a home for 4 months now and is fully funded so there is no parental contribution apart from pocket money. I have downloaded form D50H but not sure if I need Form A as well. I didn''t think I did but some of the posts on here have suggested otherwise.

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