There is a possibility that my disabled son may stay in education up until the age of 25. At present he is 15 and I doubt he will be able to manage his own money in the future, my ex is his primary carer. I understand at present Child maintainance payments stop when your children reach the end of the school year after turning 18.
Will I still be liable for CSA payments?
My ex seems to think i will still be liable after the age of !8 for making the maintainance payments to her rather than myself managing the money i have set aside monthly on his behalf?
Advice would be welcome
Regards
Jasoni
I believe that your ex is correct - normally maintenance stops at 19/end of education, but there are some exceptions, and I believe that disability is one of those. However, I will ask our expert from CMO to come on and give some advice, so keep checking back here.
Hi, I'm Sarah, a Child Maintenance Options consultant.
The Child Support Agency recognises a child as a child (for the purposes of child maintenance), in the following ways;
- if they are under 16 years of age
- if they are under 19 years of age and in full time education (A'levels or equivalent)
- if they are under 19 years of age and child benefit is still being paid for them
- if they are under 18 years of age and other special circumstances apply.
This means, depending on the circumstances of your child at the time, the maximum age you will be legally required to continue to pay child maintenance for your child is 19.
However, you can continue to financially support your child beyond this point, if you so wish. The easiest and most flexible way to do this is through a family-based arrangement. This is where you and the child's other parent sort out child maintenance between yourselves, without the CSA getting involved. Infact, you can make a family-based arrangement at any time - as long as both parents agree to it.
For more information about family-based arrangements and access to useful tools and forms online you can visit www.cmoptions.org, or if you'd prefer a confidential chat you could call the Child Maintenance Options team on 0800 988 0988 (free from a landline).
I hope this answer helps you.
Sarah
Is this still the case with the new Child Maintenance Service? My son is 16 this year and has severe learning disabilities and will never be truly independent. I'm hoping his mum will allow him to integrate into some kind of assisted living community, but there is no guarantee of that.
Is 19 the maximum age that I will have to pay her child maintenance regardless of where he is living?
To be clear, I am quite happy to put money to one side for him, to pay for other services for him...pretty much anything other than being mandated to pay the money to her.
Many thanks,
Roadweary
I think (though I'm not 100% sure on this) that the courts can deal with this where there is a disability involved - the CSA/CMS aren't set up to deal with such cases. I would get some professional legal advice on this though.
The age limit has changed to 20, but that is applied where children remain in full time education.
Have you talked to the CMS about the rules regarding children like your son? If you don't wish to talk to them you can speak to Child Maintenance options, William is now our CMO consultant on here and hopefully he will be along to clarify your position.
All the best
Hi, i’m Now in the same boat as you and wondered if you had found out anything about payments for a child with disabilities after the age of 20. My ex is preaching that she will be getting money from me until my daughter is 25 and money is very tight as it is.
Hi Fishingmakesmehappy... our Child Maintenance expert did offer some advice on your other post, did you check it out... he seems to suggest that it stops at 20 as far as the CMS is concerned. It appears that your ex would have to seek a court order for payments to continue after that time.
All the best