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well first time on here, so hello everyone
but this is the problem i am facing
i have been paying monthly(via standing order) to a ex-girlfriend for 15 years now for a child i had 19 years ago (whom i am have not seen due to the mother).
The amount was agreed by us both and i have stuck to this.
anyway the child is coming up to 19 years old and leaving education (he has autism and classed as disabled) and will most likly stay in the care of his mother for most of his natural life.
His mother in one of her bi-annual rants and raves at me, said she was looking forward to getting the payment i give her for the rest of her life and started laughing about it.
just wondering if i will have to continue payment to her after he passes 19
also if i do have to continue payment what is this likley to be on the scale of and is it against how much i earn again like the csa and what are the average awards.
Also i know that the money i have been giving her she has not been declaring to the benifit agency(does this hold any weight)
thanks
martin
sorry about spelling it not the best
Hi
Firstly welcome to Dadtalk, I have asked the Children's Legal Centre to look at your query and they should come back to you shortly.
I hope we can be of some help to you , have a look around the site you might well find something that can help in the short term.
Mags
I don't think maintenance payments count when benefits are calculated, but it may be worth putting a general enquiry to the benefits agency. The normal CSA rules don't apply, I believe, if the child has special needs. I would have thought, however, that the amount would have to be relevant to the expenses that are incurred - again, it might be worth having a word with the CSA for their comments.
Dear Sir,
We apologise for the delay in responding to your query.
Unfortunately we can not advise in any real detail on maintenance questions but there is some basic advice below.
As the amount of maintenance you are paying is by agreement and not by the courts or CSA, it is for you to decide when it is appropriate to stop paying this.
Generally maintenance liability does end when a child reaches 19 and leaves full time education.
Whether or not you would be expected to continue paying for your child following this would depend on the severity of his disability and the level of care that he may need.
It may be worth contacting the CSA for an informal chat about this and whether they would become involved regarding maintenance in this situation. The contact number for the CSA is 08457 133133 and they will be able to discuss the considerations that they use when calculating maintenance for children with disabilities.
Your ex partner may be able to also apply to the court for maintenance, but it would be for the court to decide if it were reasonable to grant such an order for a child of this age.
Sorry we can not be of further assistance. If you require any further assistance with issues of child law, please contact the Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help you.
Kind Regards
Children’s Legal Centre
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
