Husband made redundant and still we’re paying CSA

January 29, 2013

My husband has been through courts to try and stop paying maintainance for his son, as we believed when he started university aged 19 years and 7 months we should no longer be paying.

His mum lives in Doncaster and son lives in Leeds near uni, he works, his girlfriend having baby soon, but courts saying we should still pay.

Just before Xmas my husband was made redundant, and still we paying! Rang csa to take over case as husband was unemployed but they wouldn’t even take details as they say NO-ONE pays once child is 19, so because son 21 next month they won’t help us.

Son be 23 and half when he finishes THIS course. How long can this go on?

Comments

  • j says:

    “Paul Ocallaghan on January 29th, 2013 12:39 pm

    Now it should be called adult support agency it’s ridicules move the goal post just to collect more money for longer shocking ”

    You are right there, in law, a ‘child’ becomes an ‘adult’ for the purpose of changing their name at the age of 16yrs.
    They become an ‘adult’ to fight for their country at 17yrs.
    They become an ‘adult’ to vote at the age of 18yrs.

    At the rate we are going they will become an ‘adult’ for the pupose of the csa ‘scamming’ you out of money at 30yrs!!!

    Its all just a big tax collecting con trick, in so many cases the money is just passed on to the secretary of state, nothing to do with ‘child welfare’. Disgusting!

  • Alice says:

    prior to 10/12/2012 a child in full-time non-advanced education was eligible for CM up to the date of their 19th birthday, after this they ceased to meet the criteria of a QC. On 10/12/2012 the QC criteria changed and a child could be eligible for Cm up to their 20th birthday so long as they were in full time non-advanced education.

    University is advanced education so a child entering Uni at any point would cease to meet the QC criteria. If the agency had not been notified that the child was at Uni they would not remove the child from the case. If the NPR has informed the agency that the child is at uni the agency should contact the PWC to confirm this. If the PWC confirms that the child is in advanced education and gives the agency the date the child started Uni the child should be removed from the case as per the date they started uni. If the PWC denies that the child is in uni the csa will check if Child Benefit is still being paid for the child – CHB is now payable up to the child’s 20th birthday subject to educational status – if CHB is still being paid for he child the agency should advise the NRP to report this to the CHB fraud dept – providing as much detail as possible so that they can investigate the claim. If the NRP is able to provide evidence that the child is in Uni stating dates that the QC started the course and that they continue to attend – or the date they left if they are no longer attending. On receipt of this the QC should be removed from the case.

    If after the QC is removed from the case there are outstanding arrears (for the period prior to the QC being removed) the NPR would be liable to pay these arrears.

  • chall says:

    Diane,

    As Alice has said, the age through the CSA was raised to 20 years on 10/12/12.

    If your ex is paying maintenance through a court order, does such not state when liability ceases ?

    As your OH has been made redundant, if his ex will not agree to lesser payments, he will need to apply for a variance in the Court Order.

  • j says:

    If your husband is redundant did he get a payoff from the firm? What is his income, is he on benefits?

  • Alice says:

    If the maintenance is payable via court order I understand that a child who remains in education (either advanced or non-advanced) can apply via the courts for financial support from a parent up to the age of 24.

  • j says:

    “Alice on January 30th, 2013 7:10 pm

    If the maintenance is payable via court order I understand that a child who remains in education (either advanced or non-advanced) can apply via the courts for financial support from a parent up to the age of 24.”

    That isnt always ‘bad news’ as a court decision is easier to challenge and can go to appeal much quicker.

    Hope it works out for you.

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