Child Support in addition to maintenance

Have had some good advice already from those on this site but just a few niggles remain.
To cut a long story short eldest D (18 and about to start college)wants me to pay her maintenance in addition to what I pay my x for her and her younger sister. She is threatening to take me to court to get this. I have offered to pay some money direct to her if my x agrees to reduce what I am already paying which seems a fair amount (just over what CSA would expect- we already had a minute of agreement).
Her sol has now asked for proof of my income and outgoings to "assess my offer". Can anyone tell me if my now wife's income would be taken into account if this did go to court or is it just mine? Also what "outgoings" they would need to know about - can't see how they need to know what I spend my money on as long as they know my income and that I have two other (step)children in my household as that's all the CSA base their figures on?
Has anyone had similar experiences and know what likely outcome is?
Just so you know; I'm not trying to get out of paying for her and intend to continue to pay x for her till she finishes education - surely she should take it up with her M if she isn't getting the money I aready pay?

Hi Mateymike

Had some advice from Fiona that may help you - she told me that my x's new partner/wife's income wouldn't be taken into account but only his to work out what he pays me in maintenance and I assume this would be the same for you.

Also I don't think that she can claim maintenance from you when someone else is already getting it - but this may just be CSA rules and not what would apply at court.

Really does not seem fair that you should have to pay more if you are already paying what you should - that said if D really needs the money to go to college could you afford to give her some more?

Janey

Hey Janey

Thanks for that, relief to know that wife's income wouldn't get taken into account.

Perhaps I could afford to pay a bit more but only with wifes help and don't think it's fair to ask - and they really don't need the money. D has part-time job and both x and her new partner have good jobs, live in big house, with new cars and foreign hols - ceratinly a better lifestyle than us.

Mike

Hi MM,

child maintenance beyond 18 is not always awarded and I think both your ex and daughter should bear that in mind - you are clearly being reasonable by offering to continue paying CM.
It does strike me that your daughter is being quite cheeky - if she is living at home and all her needs are being met, why does she need extra money? I think you need to talk to your ex - if you are amicable enough to do that - because it doesn't seem right (and I am sure a court would agree) that you pay twice. If you pay your daughter directly, something else has to give, ie. your payments to your ex.

It is different in Scotland. Under s1 Family Law (Scotland) Act 1985 there is a general obligation for *all* parents to support their student offspring until they reach the age of 25. Also I happen to know that in this particular case the minute of agreement for CM predates March 2003 so the CSA couldn't be involved at any stage and the courts have always had jurisdiction.

To answer the question when maintenance is done through he courts new partner's income is only relevant in that it is a contribution to living expenses and the calculation is based just on the income of the non resident parent.

This is a two way exercise. The courts give regard to the needs and resources of the parties; to the earning capacities of the parties; and generally to all the circumstances of the case.
Both parties need to provide each other with details of their income and outgoings. Then it is a question of deducting the recipient's reasonable living expenses from their income to calculate their income needs and then deducting the payer's living expenses from their income to determine the ability to pay maintenance.

Hope that helps.

Thanks for the advice everyone, its apreciated.

I am going to get in touch with D's sol and let him have details of my income to start with, I hope that will be enough for them to see that there really is no point in going after extra money from me. If D does decide to go ahead does anyone know whether it is the income/expenditure of the whole household where D is living (ie my x's)or just D's that will be considered from the other side of things?

Mike:S

Fiona, thanks for your advice on forum and by private message, Mike