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Does a child at University count as living with me

  • saabgirl
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21 Jun 12 #338121 by saabgirl
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Hi,

Can anyone advise me about the following.

Two children Daughter 18 and Son 16.

I am moving and my son is going to live with his father in July.

My daughter is going to Uni (If she gets the right grades!)in September.

My ex has already contacted the CSA and they explained that they will re-assess when my ex when my son moves in with him to 15% of net income for our daughter.

Once she goes to universtiy he will stop paying me for my daughter and I will have to pay 15% of my net income for my son .

Does my Daughter count as still living in my household for the CSA re-assessment once she goes to university as she will live with me in the holidays?

Thanks.:)

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21 Jun 12 #338134 by happe
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I believe your daughter will not come into any equation once she goes off to Uni. The CSA are not interested once you are no longer in receipt of child benefit for said child. So you will not be able to deduct 15% from your income before you calculate what you will have to pay for your son and your ex will no longer have to pay you anything for your daughter. Nothing to stop him paying her some support direct though.

  • Fiona
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21 Jun 12 #338135 by Fiona
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No, the CSA has no jurisdiction for child maintenance when the child is over 18 and at university. However, over 18s in education or training can in their own right can make a claim for maintenance from separated parents through the courts and for the moment, at least , they would be eligible for legal aid. The courts would then consider the financial position of both parents and the child before granting maintenance if any.

  • khan72
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21 Jun 12 #338217 by khan72
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Saab,
Talk to your ex about having a private agreement for your son. 1p per year child maint and tell the CSA you have a private agreement.
Most decent men would not dream of taking money off female. (Sorry to sound sexist). Even though my ex is not the first person that I would put on a lifeboat of a sinking ship, it would be beneath me to take a single penny from her earnings.

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21 Jun 12 #338229 by WYSPECIAL
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khan72 wrote:

Saab,
Talk to your ex about having a private agreement for your son. 1p per year child maint and tell the CSA you have a private agreement.
Most decent men would not dream of taking money off female. (Sorry to sound sexist). Even though my ex is not the first person that I would put on a lifeboat of a sinking ship, it would be beneath me to take a single penny from her earnings.


Why? If you are happy to use the CSA now then why not expect to continue to do so.

The money is for the child.

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21 Jun 12 #338249 by saabgirl
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Hi,

Thanks for the advice.

Unfortunately, there is no way my ex would not consider taking money off me, he has spent the last 5 years trying to get out of paying anything but the bare minimum for his children.

Last year the CSA had to write to his employers to get the info on his income ( he works for the NHS, so no chance of doging out), it took 5 months to get the re-assessment and even then he tried to say the figures were wrong, he still has not paid the arrears as the increase was backdated to my application date (apparently the arrears are voluntarily as he paid me directly at the time, but now the CSA collect the money for me)

And as a punishment he stopped paying the kids pocket-money !!! Not sure whoo he was punishing though.

Basically he is still p......off that I moved on and could live without him ( he had an affair, which he lied about and then left FMH and moved in with his new women after 3 months).

I got the FMH in the divorce, he kept his pension and because he moved in with the new women he had the affair with they had to buy her ex-husband out of her house, which is all my fault somehow.

Plus his divorce costs were £5,000, but mine were £1,000 ( I did a lot of the leg work myself). I was prepared to agree it between ourselves and then get a solicitor to rubber stamp it,but he said he didn''t want to be screwed!!! the costs if the divorce was also my fault apparently.

Anyway,he says he will give our daughter £200 a month for Uni, she needs about £750 per month, so a bit of a shortfall.

Thanks for the info about my daughter taking her father to family court for financial support, I have already told her she can do this if he does not keep to his word!!! I an mot holding my breath.

Anyway, sorry about the rant, but it still really winds me up that he will not support his kids,it really sends the wrong message to them about his priorities. I support myself financially, but the children are our joint responsibility and I think he should pay half, even though he earns twice as much as me.

I am happy now,surely going on to have a happy life is the best revenge.

Best wishes:)

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