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CSA application - how many children should I claim

  • elena
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02 Mar 09 #94557 by elena
Topic started by elena
Hi
I have 3 children - younger 2 are my husbands biological children - eldest is mine from a previous relationship (15yo) but he has been brought up by both of us since he was 6 and he calls my husband "Dad". I know that he is possibly considered to be a "child of the family" in legal terms.
My question is: when I make an application to the CSA for maintenance, should I claim for just the 2 biological children or should I claim for all 3 of the children. My eldest will be staying on at school for A levels so will be in full time education for at least another 2 years.
Do the CSA consider all the children and what sort of factors do they consider when looking at my application?
xx

  • poppy5
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02 Mar 09 #94561 by poppy5
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Hiya

I'm fairly sure the CSA will only deal with biological children but the courts will deal with 'step-children'.

What the legal definition of step child is I'm not sure.

It will also be relevant if you have ever has child support from the biological father and if not why not.

HTH

poppy

  • Bobbinalong
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02 Mar 09 #94571 by Bobbinalong
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the csa will only deal with his children, they would 'assume' the other child is already taken care of in an arrangment with his father, if not this is I guess where the system falls down.
But it is only 2 children.

  • catenorfolk
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11 Mar 09 #97909 by catenorfolk
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just wondered, why are you expecting your ex to support his stepchild, but not claiming through the csa for maintenance from the childs actual father. Surely there is something wrong in this? one rule for one and another rule for the other!!

  • elena
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11 Mar 09 #97912 by elena
Reply from elena
Because my eldest son's actual father disappeared when I was 6 weeks pregnant with him and the CSA were never able to trace him. My husband took my son on when we got together when he was 6yrs old and my son has called him Dad ever since. Seeing as my husband was able to accept the responsibility he took on then - why not continue now 10 years on???????
Perhaps a matter of knowing the facts helps before leaping in feet first with a rather damning condemnation that only serves to inflame a sensitive and individual situation to our family. My fault I suppose for wanting a bit of advice/support on an open forum.

  • Fiona
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11 Mar 09 #97913 by Fiona
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The CSA only have jurisdiction for CM for natural children of a relationship and the first port of call is the natural parent. However, s25 Matrimonial Causes Act 1983 directs judges to consider the welfare of *children of the family* (not exclusively natural children of the relationship) as a priority.

Depending upon the nature of the step parents relationship with step children, whether or not they have accepted responsibility for maintaining them and the duration of the relationship the courts have the power to order maintenance for step children

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11 Mar 09 #97916 by Fiona
Reply from Fiona
Sorry, in this case if you make an application to the CSA it can only be for the two children of the marriage and you could apply for to court for maintenance for the step child. Alternatively, if you can come to an agreement it can all be documented in the form of a Consent Order.

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