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Legal matters

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Does my brother still have to pay children maintainer for his 17 year old working son?

243 replies

Nikki037297 · 07/02/2022 07:07

My brother has a son who is 17 and is working part time and at college part time. His ex is demanding money as my brother is just going back to work after being on the sick after an accident at work and breaking a bone in his neck and not being able to work for around 20 months now. He’s googled it and can’t find much out and it seams a bit complicated and never mentions the child working and what would happen in those circumstances. Does anyone know ?

OP posts:
ShootForTheBars · 07/02/2022 07:51

Obviously yes.

His ex isn’t “demanding” anything his 17 year old CHILD isn’t legally entitled to. And your brother should be figuring out how to repay the past 20 months his ex supported their child alone. I mean, just because your brother couldn’t work doesn’t mean his child paused all eating/wearing clothes/staying clean/warm activities.

Tell him to stop googling how to dodge his responsibilities. These responsibilities only technically (morally is for another thread) end when the child is 18, regardless of whether the child works or not.

Mulhollandmagoo · 07/02/2022 07:51

Yes, I he does as his son is only 17. Is there a reason he feels he can't pay?

ApricotPeony · 07/02/2022 07:56

Now that he has a part time job do you think the mother should stop housing/feeding and clothing him then?

Mellowyellow222 · 07/02/2022 08:00

YouTube poor poor brother. Imagine that heartless witch expecting him to contribute to his child living costs.

We should start a fundraiser - he should this to the high court!

Wise up. What a useless useless man

Mellowyellow222 · 07/02/2022 08:02

Are you honestly on his side here-?

Teenager gets part time job for pocket money- so dad no longer has to contribute to his food and housing costs????????

Your poor nephew: your family is awful

prh47bridge · 07/02/2022 08:03

@Nikki037297 - There are a lot of incorrect answers on this thread from a legal perspective. The fact he is working part time is irrelevant. The correct legal answer is that it depends on what he is doing at college - is he in approved education or training. The rules are the same as for Child Benefit and can be found at www.gov.uk/child-benefit-16-19. Look at the sections on approved education and approved training. If he is in approved education or training, child maintenance is still payable.

IWasHotInTheNineties · 07/02/2022 08:04

Ugggh my ex is like this. Counting down the days until he can stop paying.
I am doing my best to ensure I give them everything and help them in the future too. That’s the minimum a parent should do.

GrazingSheep · 07/02/2022 08:05

What had he been paying prior to his accident?

Pinkyantelope · 07/02/2022 08:08

@IncompleteSenten

Indeed.

The question really should be now that my child has a part time job can I leave his support to his mother on the grounds that his part time job covers the pittance I would otherwise pay. 🙄

Men not supporting the children they help make is a huge problem in this country

We should follow the USA on this and make the bastards pay. Losing your driver's licence or going to prison may make deadbeat dads wonder if it is really that important to avoid feeding their child. 🤬

Absolutely this.

I can't believe that it's somehow morally acceptable for parents to absolve themselves of financial responsibility for their children.

We've got a country which is on its knees after the pandemic and with a looming social care crisis, and yet it's somehow acceptable for the taxpayer to take up parental responsibility.

The child's mother will have paid far more over the years for the child, whether or not from benefits, as the amount fathers have to be is miserly. I had no idea how pathetic the amount they paid was until I came on MN.

How your brother expects to have an ongoing relationship with his son is beyond me.

NerrSnerr · 07/02/2022 08:09

The question should be why wouldn't he want to support his son?

Skilovingmama · 07/02/2022 08:09

Once you get past all the pearl-clutchers on here, the rules about child maintenance liability are here: www.gov.uk/child-benefit-16-19

Basically, if the college course is A-levels or equivalent and is full-time, he has to pay. So depending on what is meant by part-time, this may mean that he does not have to pay maintenance, as the son is over 16. However, the moral dimension to this is obviously very different, given the financial burden placed on the mother.

Itsalmostanaccessory · 07/02/2022 08:09

I hope he is planning on continuing to pay for an extra 20 months after the boy turns 18. Seeing as how he hasnt.

My ex didnt pay for 4 years because he was saving for a mortgage. We've had an agreement drawn up which says he will pay for 4 years after each child turns 18, because I supported them alone for that time and I will continue to support them through uni or until they move out.

ShallWeTalkAboutBruno · 07/02/2022 08:12

Is his wage enough for him to be financially independent, including the roof over his head, food, bills etc? No?
Of course he needs to pay. The question is, why doesn’t he want to support his son?

Mellowyellow222 · 07/02/2022 08:12

Really - Pearl clutching - when I man and hi sister are trying to find a way out of paying child support?

I have heard it all now.

People really suck.

I love my nephew very much and will give him money to help him through university - so until he about 21

This ain’t has a 17 your old nephew and she is trying to find a way for her brother not to have to restart supporting him when he hasn’t contributed for nearly two years.

What is wrong with people.

Popalina65 · 07/02/2022 08:16

So at 17, his son should be financially independent? Both of my older children are at university; child support stopped for them Aug 31st before they started. I financially support them both with some help from Student Loans…. there dad wouldn’t even send them both a £50 food card each month to help out. Just because they’ve grown older it doesn’t mean they stop costing money x pretty poor that he’s not supported his son but I imagine he’s not had the greatest of times himself…. Having a massively reduced income would be stressful for him too.

LethargicActress · 07/02/2022 08:16

He should pay until his son is out of education and in a position to be able to work full time so that he is capable of paying his own way in life. Unless your brother believes his son now only needs fresh air and a park bench to live on, it’s ridiculous that you should even need to ask the question.

Clymene · 07/02/2022 08:18

Yes really pearl clutching to think that a dad should contribute to his kid's upbringing Hmm

anonsattic · 07/02/2022 08:18

My parents supported me for a long time after I left school ( went to uni).
I still worked pt but wasn't in a position to be financially independent. They helped as best they could, they put food on my table, sent me care packages. They did it because they were my parents and loved me. I know they made sacrifices to help support me.
I would have been horrified to learn if one of my parents was counting down the days until they could stop supporting me, or Googling it, asking on Internet forums etc.
it would feel so hurtful

JuergenSchwarzwald · 07/02/2022 08:19

Yes he should support him until he has finished Y13 (which could be nearer to his 19th birthday depending on when his birthday is).

And pay some sort of contribution for the past two years when he has not been working.

HoliHormonalTigerlilly · 07/02/2022 08:20

🙈

Skilovingmama · 07/02/2022 08:20

@Clymene

Yes really pearl clutching to think that a dad should contribute to his kid's upbringing Hmm
Well, I don't know if you checked the title of the forum, which is 'legal matters'. It doesn't matter whether you think the OP's DB is a deadbeat dad - she's asking about the legal position.
A580Hojas · 07/02/2022 08:20

Some things are well worth clutching your pearls over.

GrandmasCat · 07/02/2022 08:23

Many children work part time at 17 while studying. He has to pay, sad point isn’t it if the kid is working to help with the finances and your awful brother decides not to pay maintenance because he does.

Try to remind him that he can be chased for unpaid maintenance until he pays and that would cost him 20% more than he would have had to pay if he had behaved like a decent father.

TheApexOfMyLife · 07/02/2022 08:24

And pay some sort of contribution for the past two years when he has not been working.

Surely it depends on how much he has been earning when he was off sick.
Parents who have very little income don’t pay CM for very good reasons. We have no idea if that guy falls (or not) in that category.

Having said that, yes he should still be paying CM according to his earnings.

Nomoreusernames1244 · 07/02/2022 08:25

et's hope the mum goes for 2 years backdated maintenance as well! He can't just opt out of his son and funding him

Has everyone missed the part where he broke a bone in his neck and hasn’t been able to work?

Can’t work, where’s the money supposed to come from? Not as if he isn’t paying out of choice over that time. Not as if he’s been choosing not to work. Hardly “opting out”

Now he’s back at work yes he should pay. The mum can go through CM if he’s arsey about it.

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