Page 3 | Does my brother still have to pay children maintainer for his 17 year old working son?

Nikki037297 · 2022-02-07T07:07:10+00:00

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 ?

Octomore · 07/02/2022 08:25

I'm appalled that you're not embarrassed to even ask this question. Your brother spends his time googling how to get out of paying for his child, and you're helping him rather than telling him what a deadbeat waste of space he is?

TheBestofTimesTheWorstofTimes · 07/02/2022 08:26

I bet the son demands food, a place to live and (the cheek of it) CLOTHES too!!! These damn kids want the world! And as for their mothers who provide this for them...words can't describe their grabbiness

Poor dear brother, I bet he hasnt eaten, worn clothes, had a place to live for 20 months, because if he doesnt make sure his son has then surely...oh...hold on...

DrSbaitso · 07/02/2022 08:28

Why does he not want to?

Skilovingmama · 07/02/2022 08:28

If this was on AIBU, fine, let rip on your thoughts on our child maintenance system. It's not, it's on legal matters. Most of the stuff on here is legally incorrect and simply based on the posters' own judgements about the situation. Therefore it's totally unhelpful to the OP.

No, you don't have to pay an extra 20 months if you have been out of work for that period due to illness.
Yes, it does matter whether the college course is full time or part-time
No, it does not matter whether you think this man is the scum of the earth - the point is to give accurate advice to the OP.

Inspectorslack · 07/02/2022 08:29

Legally it depends on the course he’s doing.

Morally yes of course he should.

There’s unlikely to be any way to recover backdated payments from the time your brother was “ on the sick”.

OhNoWhatYouGonnaDo · 07/02/2022 08:30

@Skilovingmama

If this was on AIBU, fine, let rip on your thoughts on our child maintenance system. It's not, it's on legal matters. Most of the stuff on here is legally incorrect and simply based on the posters' own judgements about the situation. Therefore it's totally unhelpful to the OP.

No, you don't have to pay an extra 20 months if you have been out of work for that period due to illness.
Yes, it does matter whether the college course is full time or part-time
No, it does not matter whether you think this man is the scum of the earth - the point is to give accurate advice to the OP.

Completely agree. People start threads in Legal Matters because they want to know the law. If OP wanted to know what people thought of the ethics of the situation she would have posted on a different board.

Clymene · 07/02/2022 08:34

Is calling women pearl clutchers a key part of your legal advice @Skilovingmama?

Lalliella · 07/02/2022 08:35

Your brother is a shit dad trying to find ways to get out of paying for his son. Shame on him. Why are you helping him?

SweetFelicityArkright · 07/02/2022 08:36

If the college course is an average of 12 hours a week or more and studying a levels or equivalent then child benefit can still be claimed and maintenance is still payable until the child leaves education, CB can be extended in some circumstances until 20, and I believe that CM can be too (still in ft education and not studying a higher qualification), regardless of any pt earnings of the child as I understand it, my DD is working pt and I'm still entitled to CB (and would be CM if the CMS actually did their job)
Your brother knew the possibility of pregnancy when he had sex with someone, and the pregnancy would lead to needing to support the child until 18 or they leave ft education.

No wonder we have so many men getting away with this shit when women are seen as 'demanding' and 'pearl clutching' for expecting that the other 50% of the parenting responsibility is met by the other parent!

ILikeYourButt · 07/02/2022 08:39

Oh that’s so cool! My 17yo has had a part time job for a couple of years! I didn’t know I was no longer obliged to feed and house her! Out she goes!

JudgeRindersMinder · 07/02/2022 08:40

Presumable he hasn’t paid anything for the last 20 months? Has he managed some medical miracle where the lad has stopped being his son? No wonder men get a bad name with diamonds like your brother around

OnlyAFleshWound · 07/02/2022 08:40

@Nomoreusernames1244

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.

Interesting that he was able to house, feed and clothe himself in that time.

SpikeySmooth · 07/02/2022 08:41

A colleague has 2 sons and is not with their mum. He's helped them financially all the way through university and is now contributing to the deposits on their respective flats.

A friend supports all his adult children with the odd emergency cost, be it a rent payment or just a monthly bus pass.

My DF has supported my DB and I with unexpected costs and we are now in our 40s. They are loans, so we'll pay him back, but still...

Conversely, my DPiL don't have a lot of money in their retirement and I've paid for a new oven for them, because the old one was broken. They are paying me back what they can a month.

It's just what family does, doesn't it? Help each other? Keep their kids safe, fed, warm and housed? Basic stuff? I don't know why anyone wouldn't.

Wiredforsound · 07/02/2022 08:42

So your brother doesn’t want to pay for his own child? What a dick.

OnlyAFleshWound · 07/02/2022 08:43

@Clymene

Is calling women pearl clutchers a key part of your legal advice *@Skilovingmama*?

Bless, I think *@Skilovingmama* read the phrase somewhere.

She isn't quite sure what it means, but it's definitely something you say when women think that something is bad and you want to be insulting but can't think of any words of your own.

It's a bit like all those people who say 'Karen' and 'gaslighting' and 'narcissist' all the time in the hope that occasionally it will be the right word.

Well done for trying, @Skilovingmama !

Inspectorslack · 07/02/2022 08:43

My dd is at uni. She’s skint this week so in addition to the normal support I give her every week, she’s just done an Asda shop on me.

Her dad gives nothing.

I know who I’d rather be.

Bubblesandsqueak1 · 07/02/2022 08:45

If your child proceeds with a full-time non-advanced education, which is not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will go on until your child finishes or until they turn 20. ... It may be an internship or full-time job that includes some education or training

This is what I found online

Skilovingmama · 07/02/2022 08:47

@Clymene

Is calling women pearl clutchers a key part of your legal advice *@Skilovingmama*?

Seems so. Why, when you clearly have little knowledge of the law, are you on the 'legal matters' page? There are plenty of threads where you can vent to your heart's content about how child maintenance is dealt with. If people want to know where they stand legally, your personal feelings on the matter are unlikely to help, so I will call you out on it.

PrinnyPree · 07/02/2022 08:49

Wow what an absolute deadbeat scumbag your brother is. Guess his son has not needed to be fed, clothed and housed for the past 20 months whilst your brother was off sick either.

OF COURSE HE NEEDS TO PAY!

SpiderinaWingMirror · 07/02/2022 08:52

Loving the use of the word "demanding"
Substitute the words "is legally and morally entitled to"

TheApexOfMyLife · 07/02/2022 08:53

@OnlyAFleshWound you have absolutely no idea of the living circumstances of that man.
He might well live with a partner who took on the cost of living/housing etc..l He might have spent the last two years living at his parents. Whatever.
He might have had the bare minimum benefit wise. About £400 a month.

Maybe stop making assumptions for a start. Just to be able to give some proper considered LEGAL advice to the OP.
(Clue: you can’t give answers wo knowing the full situation and just based it on assumptions….)

Clymene · 07/02/2022 08:53

I haven't given the OP any legal advice @Skilovingmama at all. I'm not sure why you'd draw any conclusions either way about my legal knowledge.

Skilovingmama · 07/02/2022 08:57

@Clymene

I haven't given the OP any legal advice *@Skilovingmama* at all. I'm not sure why you'd draw any conclusions either way about my legal knowledge.

Why go on the legal matters forum then? If she wanted your general opinions rather than actual advice, she's have posted in chat

Fatmax22 · 07/02/2022 08:57

This is what happens when a post from Legal Matters finds it's way to Trending Now.

MaChienEstUnDick · 07/02/2022 08:58

Yeah, well some things are worth clutching your pearls over. Men not paying for their children is a HUGE problem. It plunges women and children into poverty, and leads many families into claiming benefits - which we all pay for through our taxes - while Steve spends his wages down the pub spinning tales of how his crazy ex has turned the weans against me.