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If a child no longer lives with either parent, who is liable for maintenance wrt the csa?

(24 Posts)
DaftDog Wed 04-Jan-12 14:55:37

Is there any legal recommendations on this?

Is the Father still expected to pay the full amount liable or is it the percentage split equally between both non resident parents?

Because the CSA don't seem to know either

Collaborate Wed 04-Jan-12 16:02:22

To be honest, I don't know either. Are you the one providing care? I'd imagine you'd get either 15/20/25% from each parent, or half of that from each. Wouldn't be fair if one were earning lots and the other nothing for you to get only half of your full entitlement, so I'd guess at a maximum claim against both parents.

DaftDog Wed 04-Jan-12 17:15:05

I am my Sons Father, he previously lived with his Mother but has moved in with his girlfriend and the girlfriends Mum has made a claim against me but not the Mother. I had offered to pay my Son directly but he didn't want me to and I tried to arrange something with the girlfriends Mum but she refused as well and then, rather suprisingly got a letter off the CSA saying they have opened a new case. Me and his Mother both work full time and on principle I think we should both contribute to the cost of his upkeep. I sound like I am being spiteful now, but it was more the principle.

My Son is 18 by the way smile

Geordieminx Wed 04-Jan-12 17:20:08

I thought at 18 you were responsible for your own up keep, and neither parent should be liable, although may wish to assist.

cheekychubster Wed 04-Jan-12 17:26:06

Is your son in full time education? Is the GFs mother claiming Family allowance and tax credits Based on your DS living with her?

I'm a bit shocked that anyone would even try the CSA regarding an 18 year old.

My Ex stopped payments at 18 for DD2 who was still in FT education as she worked aswell and stopped DD1s at 17 as soon as she left homeconfused

Should add, we never used CSA as the payments would have prevented him from ever having a life!grin

DaftDog Wed 04-Jan-12 17:28:01

He is still doing his A levels through college, so I think i am still liable. But really that wasn't the point, i just felt a bit cross that the CSA have only chased me for money, because I am a man. i don't mind paying at all. I just find the system a bit old fashioned I suppose and wondered what the legal stance was on it.

I think the girlfriends Mum may have claimed through them rather than take money off me for benefit reasons or something, I don't know really.

DaftDog Wed 04-Jan-12 17:28:48

Yes, she is claiming child benefit for him i think

EllenandBump Wed 04-Jan-12 22:56:34

I would imagine it would be down to both of you to pay but surely if he is 18 it is actually down to him to sort it all out. You woulkd probably go on paying the same amount but to gf mum instead and your sons mum's income would be calculated or whatever to give a figure she would have to contribute surely. Say if you contribute 10percent of your wages she would have to contribute the same? No idea where the law stands but surely the csa can use some common sense... oops part of the government so much more complicated than that!

lisaro Thu 05-Jan-12 01:27:17

Surely it would be both of you. If not, that's blatant sexism. Make sure you make this point to them, and not just to a numpty on the end of a phone - go higher. The amounts due may not be the same for you both, ie income and having other children living with you affect it.

HauntedLittleLunatic Thu 05-Jan-12 02:00:59

Would it not be similar to a foster child or adopted child, in tthat (I guess) neither parent are responsinble?

STIDW Thu 05-Jan-12 03:19:37

Under CSA rules the person with day to day care of a child can claim child support from either or both non resident parents.

Just to clarify, an eligible child for child support purposes is a a child continuing full time non advanced education until the age of 19. "Non advanced education" is A level standard or less. The law has actually changed so that the age rises to 20 years of age which is due to be implemented in 2012.

DaftDog Mon 09-Jan-12 17:51:10

STIDW, unntil 20?shock I was married when I was 20. When about in 2012 is that implemented? It seems to me they are constantly changing the goalposts

LovingChristmas Mon 09-Jan-12 20:40:55

That's mental, an 18 year old leaves home, he pays his own way surely, maintenance is finished, if you want to help him you can and then he pays board and lodgings to GF mum.

LovingChristmas Mon 09-Jan-12 20:43:06

STIDW, does that mean if my DSS does A Levels until he's 18 and then carries on education we will be responsible for him until he's 18, or until he hit's 20?
Sorry minor thread hijack!

Victorialucas Mon 09-Jan-12 20:58:25

Legally parents are obliged to financially support their DCs through full time education until they are 25.

ChocHobNob Mon 09-Jan-12 21:40:46

Legally the Parent With Care can choose to apply for child support, so the GF's mother could technically choose to chase you for child support and not the mother. Obviously, morally, his mother should be contributing by way of paying 15% of her net income too. But I don't believe there is a way of enforcing that.

DaftDog Wed 11-Jan-12 12:53:46

So the system is stacked up against the Father then? Why in these days of equality is the Father only chased for maintenance when the 'child' (in my case an 18 year old) has two non resident parents who both work full time? Surely it's sexual discrimination? confused But it is nice to have some clarification on this

droves Wed 11-Jan-12 13:09:38


Your son has moved in with his girlfriend .
They are staying in the girlfriends mothers house .
The girlsfriends mother <LETS CALL HER MIL> has put in a claim for maintence from the csa ?
So the CSA , now covers co-habiting couples , needing money.

Thats fucked. As far as im concerned , csa is for children needing their parents , ...not for teens who are grown up enough to co-habit after moving out the parental home<regardless of parent>.

If your son had married his girlfriend there would be no claim , its bordering on stupid.

ChocHobNob Wed 11-Jan-12 21:24:36

Daftdog, it's not really stacked against fathers because if the Girlfriend's mother decided to, she could easily seek child support from the mother and not the father. Unfortunately, it probably comes down to whether the GF's mother gets on with his mother better and so wont get the CSA to chase her.

Droves, the law has declared child support is payable for an 18 yr old if they are still in full time education. The GF's mother is now classed as the son's "carer" as he is still in school. So the carer can still apply for child support. If the son left school and could get a full time ob to support himself, then there would be no child support payable.

They are planning to raise the maximum age child support is to be paid to 20, that is crazy.

Sangela Tue 27-Dec-16 15:07:52

Just saw this post and new to this site. I had a similar situation. My daughter decided to up a go and stay at her boyfriend's abs his mum. A couple of weeks later both my husband and I received separate claims from Child Maintenance Service to pay her 15% of our wages. She is 16 as is the boy.
So basically, what you are saying ChocHobNob is that the government condones teenagers cohabiting. This is totally outrageous. Can you imagine the mayhem if only half or less teenagers knew this?
Seriously, and they the government preach about family values!

Ham18 Tue 26-Jun-18 08:44:57

This is bullshit the gf mother decided to let him stay she can't make a claim she has to be a parent where there is a legal agreement of some sort I.e. adoption or legal guardian. You could refuse to pay the csa wouldn't have a leg to stand on absolute bullshit.

prh47bridge Tue 26-Jun-18 09:52:12

Why are you posting advice on a thread that is 6 years old? I doubt the OP is watching or that they are concerned about the answer. However, your "advice" is legally wrong. You do not have to be a parent or have a legal agreement to get child maintenance. If the child lives with you and you usually provide day to day care you can claim maintenance from the parents. See the Child Support Act 1991 S3(3).

1099 Thu 28-Jun-18 09:34:02

I know it's an old thread, but does this mean if my DS decided when he was 16 to move in with his GF at her parents house, I would be liable for maintenance to the GFs parents even though he was still able to live at home and there was no reason for him not to do so.

prh47bridge Thu 28-Jun-18 13:41:33

If he is still in full-time education up to A level or equivalent then yes, they could claim maintenance from you. However, if he leaves full-time education there would be no maintenance liability.

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