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TOPIC: Child Maintenance and disability

Child Maintenance and disability 2 months 1 week ago #97833

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.

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Child Maintenance and disability 2 months 1 week ago #97835

  • Mojo
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Are you in Scotland? Is your soon to be ex having maintenance included in a court order?

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Child Maintenance and disability 2 months 1 week ago #97848

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

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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case

Child Maintenance and disability 2 months 2 days ago #97909

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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.

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Child Maintenance and disability 2 months 2 days ago #97914

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.

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Child Maintenance and disability 2 months 2 days ago #97915

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I agree with actd, it’s advisable to get some legal advice, some solicitors offer a free consultation, or you could try the CAB.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.

Child Maintenance and disability 2 months 2 days ago #97916

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.

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