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Child maint for stepkids

  • gone1
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28 Oct 07 #5406 by gone1
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Hi all. I have just had my form E back and my stbex and it mentions maintenance for my step children. There is wording like "child of the home". Can she claim maint from me for them? They are currently 17 and 15 and the youngest is 16 in january 2008. But she and her sister are probably going to university. Is this that I will be liable for maint?

She does get CSA from there natural father but its sparodic.

Worried, Chris.

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28 Oct 07 #5409 by Louise11
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Hi Chris

I really dont know on this one although I think you have a good arguement against paying for them because she already gets money from their natural father, its not your fault its sporadic!
I cant see her being able to claim twice, so to speak from you and their real dad.
Greedy or what?

Me? I'd argue BIG TIME on this one! But hey thats me! Maybe someone else can tell you how the law sits on this one.
Mind you law dictates common sense doesn't it? So therefore common sense says no surely?

Kind ones
Louise

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28 Oct 07 #5428 by Fiona
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Under the Matrimonial Causes Act 1973 courts have jurisdiction over maintenance for 'children of the family.' A child of the family doesn't have to be a natural child or even adopted. The considerations are how long the family existed and what sort of responsibilities were undertaken. If the children were maintained during a longish relationship then perhaps it wouldn't be deemed unreasonable for financial support to continue.

However, my understanding is courts have no jurisdiction over child support when CM is claimed through the CSA. The children in their own right will be able to apply for financial support for uni from their natural father under schedule 1 of the Children Act 1989.

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29 Oct 07 #5447 by gone1
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Fiona wrote:

Under the Matrimonial Causes Act 1973 courts have jurisdiction over maintenance for 'children of the family.' A child of the family doesn't have to be a natural child or even adopted. The considerations are how long the family existed and what sort of responsibilities were undertaken. If the children were maintained during a longish relationship then perhaps it wouldn't be deemed unreasonable for financial support to continue.

However, my understanding is courts have no jurisdiction over child support when CM is claimed through the CSA. The children in their own right will be able to apply for financial support for uni from their natural father under schedule 1 of the Children Act 1989.


Hi Fiona. Thanks for the reply. The marriage was for 12 years. I didnt addopt them but there name was changed to mine under deed pole. Do you think I would have to pay maint then? Chris.

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29 Oct 07 #5462 by Fiona
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No I think not, although I'm not sure it's certain what would happen if your x2b withdrew her CSA claim.

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29 Oct 07 #5469 by gone1
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I dont think she will withdraw her csa claim. To much arrears on his part. Thanks anyway. C

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