child maintenance

[jaycee401]

my partner received a letter from his estranged wifes solicitor saying she wants an amicable divorce on the grounds of breakdown of marriage, the letter sated she would pay for it and wanted nothing from my partner, she got paid out of his old house 4 yeras ago. he has since bought a house with me. now the divorce papers have come and its all changed she wants him to pay for it and wants maintenance for her 16 yr old daughter it is not my partners daughter does he have to pay maintenance

[Androcles]

Just ot claify your question, what do you mean by "She got paid out of his old house four years ago" and "She wants him to pay for it" - to which it are you referring, the house or the divorce?

[jaycee401]

sorry, i typed in a rush, he doesnt mind paying for the divorce, but its the fact theyve been split 5 yrs and now she wants child maitenance and maintenance for her, the child is not my partners, the father has never paid a penny towards the kids.

[marval]

I am not an expert, but surely if the child is not his, he is not legally liable for maintenance.

[barry1010]

How long did the child live with him? If he was financially supporting his step daughter for many years the court may award maintenance.
http://www.michaellynchfamilylawyers.com.au/me dia/articles/step-parents-maintenance

[barry1010]

The Child Support Agency does not deal with maintenance in the case of step-children, the courts make the order, or not, depending on the circumstances.

[jaycee401]

thanks for the answers, they were married for 3 years, the biological father has never paid maintenance. the girl is now 18 but may be taking a 2 yr college course. my partner has never paid any monies since the marriage split which will be 5 yrs in august.

[bednobs]

if the child is 18 then there is no need to maintain her - she is an adult. if in Full tme education, then it's up to 19. however i am confused - you have said the child is both 18 and 16. if she is 16 then if she is in full time ed then i would think maintenance would be payable.

[jaycee401]

sorry bednobs, she is 18, but should it not be down to the natural father to pay and not the step-father, my partner has not seen this girl since the marriage break up.

[STIDW]

Sadly any agreement is subject to review unless there is a legally binding final court order in place.

Under s25 Matrimonial Causes Act 1973 the priority in determining financial provision is dependent children of the family under 18 years old. Courts do not discriminate between natural children of the relationship and step children. Although over 18s are not a priority they are not irrelevant, if they are in education or training and they need a base.

The first port of call for child support for step children is their natural parent, but if they don't/can't pay then the courts (not the CSA) may make an order for maintenance.