Should we Still Pay Maintenance?
Q.
My stepson is 17 years old and is working whilst also studying at college. He recently moved out of his mother's house and in with his girlfriend. Should we (his dad and myself) still pay maintenance? If so, who do we pay it to and what happens if he decides to move back in with his mother?
(Miss V.L, 30 October 2008)
A.
A person with parental responsibility for a child has a duty to provide for them until they are 18 years old – unless the child marries prior to their 18th birthday. In cases where a child’s parents have separated or divorced, the parent who does not provide the child’s main home should pay maintenance to the parent with whom the child lives.
The parents may reach an agreement between themselves about the appropriate child maintenance payments or, in some cases, the Child Support Agency (CSA) may be required to assess and monitor the required payments. The purpose of Child Maintenance Payments is to ensure that both parents make a fair contribution to the costs of looking after and bringing up the child.
Calculating Child Maintenance
When the CSA calculates child maintenance a number of factors are taken into account – these include the non-resident parent’s income, the number of nights the child spends staying with each parent, and the number of children living in the non-resident parent’s home. If any of these circumstances subsequently changes, the CSA should be notified so that they can recalculate the child maintenance.It is not clear from the question whether the maintenance your partner has been paying is based on a private agreement with the child’s mother, a consent order approved by a court or a CSA arrangement.
Is the Child in Full-time Education?
Child maintenance payments generally continue at least until the child reaches the age of 16. After the age of 16, payments depend on whether the child is still in full-time school education. If the child leaves school and gets a job, the payments stop in the September after they left school. If the child is still in education and is studying at least 12 hours a week towards A-Levels, payments should continue and may continue until the child is 19 years old.However, if a child over the age of 16 is not taking a higher education course, the payments may be discontinued. If your stepson is not studying for A-Levels, it may be that the obligation to pay maintenance has already ended.
Day-to-Day Care
One of the requirements for eligibility to apply to the CSA to arrange child maintenance is that the parent (or other person applying) has the main day-to-day care of the child. If your stepson no longer lives with his mother, nor depends on her for financial support, then it would be questionable whether she would be entitled to receive CSA child maintenance payments. The situation could, however, be different if the arrangement was made under a consent order or other agreement.If the child moves back in with his mother and is studying for A-Levels, it is possible that payments would have to be resumed. Even if the child’s father has no ongoing obligation to pay child maintenance to his son’s mother, it is possible that he has an ongoing Parental Responsibility for the child’s financial wellbeing.
You might also like...
Comments...
hi please advise whether you can stop paying child maintenance once a child leaves school and is not working or studying any form of further education. also, if the child has special needs and is in receipt of dla does this mean you must continue paying maintenance until they are older or is the law the same regardless in that you can stop paying once they reach 16 and are not working/studying ? thanks
parent2 - 7 January 2012 @ 10:31 AM
My step daughter is 18 and lives with her mother and is enrolled in a 2 year BTEC course at a local college. My partner pays maintainance for her.
Firstly, does he have to pay maintainacne as her studies are not A levels although the course is designed for those who wish to apply for university?
Secondly, she has gained permission from her tutors not to actually attend college but study from home. This is beacuse of her having difficulties with some of her class members. The problem that we have with this is that she now has a part time job and is almost working full time hours. Coupled with not attending college she now has a large disposable income and should we feel contribute towards her own maintainance.
Thirdly, my other step daughter who is sixteen and still in education will be going to college to study hairdressing in Sept. As this is not a course designed for her to go to university will my partner still have to pay towards her maintainance?
This sounds like we dont wish to pay any monies at all, this is not the case. The childrens mother gets a total of £400 per month and we still provide the children with many of the essentail items they need. We just want this to be fairer.
JM - 3 January 2012 @ 2:19 PM
I have a 15 year old son who is verbally abusive daily he is also violent towards my self( his mum) and his younger brother. He as spit in my face, thrown things at me which have hit me. He damages things in the house, punches holes in the walls and numerous other things. He keeps missing school refusing to get up he is 6 foot 7 ins tall and weighs about 18 stone i cannot physically get him out of bed. On a couple of occaisions i have phoned the police and he was taken to the police station we now have a social worker and both my children are on the child protection list the 15 yr old from himself and the younger 12yrs old from him. Whenever iphone the police it is always me that as to find somewhere for him to stay for a couple of days until he as cooled down my options for this is dwindling. I find myself not wanting him in my house and myself and my 12 yr old are always on edge not knowing how he will be from day to day. There Father does not want to help saying his new partner does not want him at their house at all in the past 3months he as only seen them once for 6 hours and he did not even feed them in that time so when they came back he 15yr old started kicking off at me. What are my rights. The social worker does not even bother to come round anymore he just shouts and swears at her anyway. He will not accept any responsibilty for his behavior at home or at school which he as been excluded several times the next one is expulsion.the social worker got us a family liason person and he would not speak to them he as been offered other people to talk with as mentors etc but he wont liase with any one. I dont know what to do or where to go for help. I feel like just running away with my younger son.HELP
s. - 2 December 2011 @ 3:20 PM
I was made redundant in aug 2010. I restarted work in march of this year 2011the csa say that I have got to repay back payments to sept 2010which they say add up £2384.30 is this correct do I have to make back payments
Yorkie - 22 November 2011 @ 1:11 PM
Any help would be grately appreciated,were very stuck. We live in Northern ireland and my husbands daughter is back in the uk,were limited on seeing her due to expense in travelling. She is 18 in full time educationd,doing alevel 3 course and we have just found out she has moved in with her boyfriends parents,yet were still paying monthly through aprivate agreement.I've spoken to the csa,child benefit and citizens advice and no one can help us.If we challenge the mother,with no way of getting proof she is not living there,then she will go back to the csa and we will pay even more money...if we leave it we have to pay her for achild not living there.This is all so unfair and no one can or will help us.Where do we stand,we feeling like were over abarrel here. :(
stick25078798 - 7 October 2011 @ 11:16 PM
the child in question is now 20 the x got the csa involved when he was 12 i under stand we must pay for him do the base the payments on what we where earning for that time not what we are earning now?
Also when leaving signed the house over to her for my son to live she sold the house before he finished school making a massive profit, she has had money in my eyes to pay for my son hoildays five times a year. Does this matter?
em - 2 October 2011 @ 3:36 PM
Hi Ranna. If he is the baby's father and is on the birth certificate he has father's rights and responsibilities - and the right to be involved in all major decisions in his child's life. Payment is a separate issue and you will need to contact the CSA about that.
LawAndParents - 6 September 2011 @ 9:52 AM
i am a single parent with a baby of 8 weeks old. The father is unemployed and seeking contct which i have always allowed. He has seen his son 5 times in 8 weeks and has never paid a penny towards his care. What rights does he have to access if any?
ranna - 5 September 2011 @ 6:38 PM
My 17 yr old son has left home of his own accord and I now find that he is living with my estranged daughter who has ms. She is claiming DLA and her husband works full time. She has put in a claim for maintenance for my son. My husband and I have 2 fully dependant children and only work 28 hrs a week each. My son sys he is intending to return to college in september but was not attending when he should have prior to leaving home. My daughters husband is a declared bankrupt. Do I have to pay for my son? and why?
Oompalumpa - 7 July 2011 @ 2:55 PM
can i ask for proof that my sixteen year old son is going to college for 21 hrs a week when continuing to pay maintence for him now he as left school
steph - 11 June 2011 @ 6:20 PM
I have been paying child maintenance to my ex by our agreement since divorce. I have recently lost my job and have been signed off by doctor for mental health problems. Because of no incoming monies, no savings, I have had to stop paying the maintenance. I am struggling to pay the morgage as it is and I want to support kids(2) but I can't afford to. My ex has now got very angry about this and states that every payment I miss I will have to pay back in arrears? And if I don't she will get a charge against my home? This is all not helping my current health condition and is forcing me to look for a job even though doctor advises against it. Any help please.
forestman - 4 May 2011 @ 11:00 AM
My partner's son is 15, he will be 16 in July, has been sent to a young offenders for 4years, when can he stop paying maintenance through the csa
baileygirl - 17 April 2011 @ 9:55 AM
Question: I have a child that is 18yrs old and has moved out of his mothers house yet the mother still gets the child suport. Do I still have to pay her child suport if he doesn't live their? Also I owe a small amount of back child suport(was larger have it almost paid off) who gets that back child suport? The mother or my child? And when he graduates at 19yrs old this summer do I have to pay the back child suport? Also, his mother remarried and her husband was killed. Our child also gets his SSI based on the fact he was the sole provider of the child which isn't true I pay my chid suport and the back payments every month and have done so for years now. Is that illeagle? For her to get SSI for my child off another man?
RB - 10 April 2011 @ 3:36 PM
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
