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allover
Posted by
New Member

04 Jun 15 #462619 by allover

Topic started by allover

Hi, im a newbie on here, so please be gentle! So it looks like my eldest step son has had enough of his mother and wants to move in with me and his dad. Not a problem, but my question is can we now claim child support from his mother?
My stepson is 16, my husband also has another son who lives with her who is 14.
I know that if we can claim from her she will make sure she causes as many issues as possible, but we would really need the money!
Any help appreciated, thanks for reading.

Fiona
Platinum Member

04 Jun 15 #462623 by Fiona

Reply from Fiona

Has child support been paid voluntarily, through the CSA/child maintenance Service or is there a court order for child maintenance and if so when was it made?

allover
Posted by
New Member

05 Jun 15 #462624 by allover

Reply from allover

Via CSA, my husband also pays half for other stuff, i.e school things etc... just worried that we will have an extra mouth to feed whilst his ex wife still gets money for having both kids. Not sure how it works!

Fiona
Platinum Member

05 Jun 15 #462626 by Fiona

Reply from Fiona

If your step son is 16 or over and in full time education non advanced education (A Level standard or less) the first thing would be to check Child Benefit. Normally the parent in receipt, or who would be in receipt of Child Benefit if they didn''t earn too much, can claim child maintenance.

Under the CSA rules the non resident parent is required to pay child support of 15% of their net income for on child minus an allowance for any other children living in the non resident parent''s home and a deduction for shared care when the child has overnight contact. That means your husband and his former wife would be liable to pay child maintenance to each other or a balancing payment The Child Maintenance Service rules are a bit different but the same principles apply.

Child Maintenance Options
Moderator

05 Jun 15 #462634 by Child Maintenance Options

Reply from Child Maintenance Options

Hello allover

It is possible that your husband could be eligible to claim child maintenance from his son’s mother. 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.

The Child Support Agency (CSA) no longer deal with new maintenance applications. If your husband was to apply for a statutory maintenance arrangement, it would be the Child Maintenance Service that he applied to and as long as his son fits the above criteria and he is eligible to receive maintenance for him, he will be able to apply.

The Child Maintenance Service are just one available option for setting up maintenance payments. If you or your husband would like further information about the options and a more personalised service, you can contact Child Maintenance Options directly, www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

allover
Posted by
New Member

05 Jun 15 #462641 by allover

Reply from allover

Thank you both for your replies x

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

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