Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi, I’m getting very confused and could do with some advise or direction.
I have a daughter who is 20 in May and has a SEN order and is at college. I have called child benefits and CSA and they say that at 20 she will be an adult and claim benefits in her own rights and I would not have to support her but I have had a letter from my almost ex wife’s solicitor saying I need to pay until she is 25 as she is staying in education!!
I’m paying maintenance and half a mortgage and don’t have a well paid job, I have to live with my Parents as I can’t afford to rent after paying for this. I really can’t see a light at the end of the tunnel if I have to pay this for another 5 years.
Has anyone else experienced anything like this or give me some advise on what the law is?
Thank you in advance.
Are you in Scotland? Is your soon to be ex having maintenance included in a court order?
Hello Fishingmakesmehappy
Under current legislation, child maintenance payments should continue until a child is 20, if they are in full-time, non-advanced education. Child Benefit would also usually end at that point, as you were told. After that point, a case would not be able to be processed through the Child Maintenance Service. These maintenance rules could deviate from this if you have a court/Consent order in place which specifies something different. If that is the case, you may wish to seek some legal advice.
If you require any further information, you can contact Child Maintenance Options directly, htttp://www.cmoptions.org.
Regards
William
The courts can rule for extended maintenance, as far as I am aware, if there are special needs as the CMS can't deal with these, and I don't think the CMS can override the court order in a year in these circumstances. As suggested, I would get specialist legal advice to check this.
No not in Scotland.
No court order in place as was waiting to see what happens with my daughter and her education as I was told I could not finalise my divorce without a settlement in place and thought I was wasting my time as I could never sell the house with my ex telling everyone my daughter was staying in education until 25.
I agree with actd, it’s advisable to get some legal advice, some solicitors offer a free consultation, or you could try the CAB.
Thank you for the information, it was the same feedback I had been getting during my research but not taken any legal advice as such a grey area. I think I will write to my ex and give her a months notice that I will be stopping my payments on my daughters 20th birthday and but the ball in her court to take it further.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.