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child maintenance...how long?

  • Fiona
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28 Apr 11 #265488 by Fiona
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If only it was that simple.

Normally the CSA has jurisdiction over child maintenance although child maintenance can be agreed in a Consent Order as part of the overall settlement.

As I said above at the moment under CSA rules child support can be due for children up until the age of 19 if they are completing a "non advanced" course. The Child Maintenance and Other Payments Act 2008 which has received the Royal Assent changes the definition of a "child" for CSA purposes;

42Meaning of “child”

For section 55 of the Child Support Act 1991 (c. 48) substitute—
“55Meaning of “child”

(1)In this Act, “child” means (subject to subsection (2)) a person who—

(a)has not attained the age of 16, or

(b)has not attained the age of 20 and satisfies such conditions as may be prescribed.


The intention was to align child support with Child Benefit where the age was raised to 20 in certain circumstances. IF I remember correctly this change to child support was due to implemented later this year although then the current government decided to review child support. The change may never be implemented but separated parents with 16 and 17 year olds should be aware that it might be implemented by the time their children reach 19.

Courts do have jurisdiction to order child maintenance for over 18s in education or training. Under Schedule 1, Children Act 1989 when the CSA has no jurisdiction a "child" over 18 who is in education may in their own right apply for maintenance from separated parents.

  • julie321
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28 Apr 11 #265489 by julie321
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I can't understand any parent who would not wish to support their child to their full potential.

I would not have kids if I didn't want to support them. There is more stated about dogs being for life than kids. I beleive kids are for life too.

I don't thik the parent should get the money though when a student moves onto uni but I have supported my son since his dad left and so has his dad except for stealing his 18th insurance policy and I hope he will support our daughter too although he won't be able to get his hands on her policy so maybe not.

These types of posts annoy me too Im afraid.

  • MrsMathsisfun
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28 Apr 11 #265490 by MrsMathsisfun
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Never really understood the term 'my heart could have burst until I watched my son graduate'

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28 Apr 11 #265494 by MrsMathsisfun
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Think the posts about " when can I stop paying" are usually from the angry beginnings of divorce when the CM seems to be a payment to (or from) the evil ex rather than for the children.

Hopefully by the time the children are at uni things have settled and both parents will support the student directly.

  • WhiteRose
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28 Apr 11 #265500 by WhiteRose
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The OP never wrote 'When can I stop paying' - it was an enquiry to when the CM payments need to be made until.

We can not assume at this stage the financial support to the child(ren) will stop.

However its the parents choice whether they are able to continue with financial support after the compulsory payments cease.

We should provide the information as facts as the OP requested rather than judge based on our own experiences.

WR

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28 Apr 11 #265503 by MrsMathsisfun
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No judgement intended just responding to OP statement about reading too many "when can I stop paying posts"

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