Child Maintenance Saga

[spacegirl]

Hi I wonder if anyone can help?

My Husband has 2 children with his ex, when they separated 11 years ago they came to a mutual agreement regarding maintenance the CSA were not involved. It was paid every month into her bank account.

5 Years ago we decided to emigrate to Australia and his oldest son then 16 came with us so it was agreed that the maintenance payments stopped his other son was 14. However after 12 months he decided to go back to the uk and worked. My husband started to pay maintence again for his yougest son who was then 15 he paid by cheque each month. He paid it for approx 12 months but due to personal circumstances the payments ceased, his son was then 16. His oldest son moved back to us in Australia when he was 18 and has been here for the past 19 months.

We have heard nothing from his ex since. We are moving back to the UK in December and she is now saying that when we return my husband will have to pay her 11000 pounds for maintenance that he hasnt paid and she has been to see a solicitor (we have no idea where she has got this figure from!)

We are aware that because Australia and the UK have a reciprocal agreement regarding child maintenance she can enforce a court order to be made here for my husband to start paying maintenance, she cannot make a claim through the CSA.

She said she has been to see a solicitor to get the court order in place, and is claiming for arrears, does anyone know if this is possible for her to do as there has never been any agreement with the CSA or the courts up to now, can she say she wants to claim maintenance for the past 3 years and back date the claim? Or will it start from the date the order is made?

His son will be 18 in April he is doing a college course does anybody know if maintenance stops then as weve been told conflicting info about this?

Any help/advice would be appreciated.

[spacegirl]

Hi his youngest son will be 19 in April not 18, so I believe it stops then regardless of in full time education?

[Buenchico]

I'm out of my depth with most of your question, so I'll stick to the bit I do know about (regarding the age qualification).

Child maintenance is payable until the child reaches the official school leaving age. (i.e. the last Friday in June of the school year in which their 16th birthday occurs).

Thereafter child maintenance is payable if the young person remains in full time education until the end of the school year in which their 18th birthday occurs.

If they then continue in full-time education, child maintenance is payable for one further year. (i.e. until the end of the academic year in which their 19th birthday occurs).

Chris