It isn’t just biological parents that have the right to apply for child maintenance payments. Any person who is ‘with care’ is entitled to apply to the Child Support Agency (CSA) for maintenance; this is also the case with non-resident parents.
If more than one person has care of a child, and at least one of them has parental responsibility of that child, the person who has parental responsibility can apply to the CSA. For example, if a child lives partially with its father and partially with the father’s parents (the child’s grandparents) it is the father who has parental responsibility so it is he who is entitled to apply to the CSA.
Parental Responsibility
So what is parental responsibility? If the child’s parents were married at the time of the child’s birth, it follows (as it does in law) that they have parental responsibility for the child. Parental responsibility survives divorce. In terms of remarriage, a step-parent can obtain parental responsibility by being given it by the parent.
If the parents are not married, the mother can formally agree to give the father parental responsibility. It is also possible for a person to apply to the court (in England and Wales) for the purpose of obtaining parental responsibility. If the child is born on or after 1st December 2003, and the unmarried father’s name is on the birth certificate, he will automatically have parental responsibility. If the child is born before this date, there is no such automatic right. In these circumstances an unmarried father who is not named on the birth certificate must either apply through the court or make a formal arrangement with the mother.
Maintenance Agreements
If there is a maintenance agreement made before 5th April 1993 in place that is in writing, is an agreement (i.e. agreed between the parties) and has been made by the non-resident parent for periodic payments relating to maintenance for the benefit of a child or children, this prevents a voluntary application being made to the CSA for child maintenance. Bear in mind that an agreement in these circumstances does not have to have been in force before this date, and is allowed to have been varied since then.
Maintenance Orders
If a court made a maintenance order before 3rd March 2003 relating to a child or children, this prevents a voluntary application being able to be made to the CSA. Similarly, if an order was made after 3rd March 2003 but has not been in force for at least a year then you will also be prevented from making an application. (‘In force’ means that there must have been some practical effect: e.g. there may now be no further liability to pay maintenance, or the liability to pay may not have started yet.)
In conclusion, if there is a maintenance agreement that was made prior to 5th April 1993, or a consent order then there can be no voluntary application to the CSA. However, if the ‘with care’ parent was claiming job seekers allowance or income support prior to 14th July the CSA will be able to deal with this application.
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Me and my ex partner have shared care, and my son of 13 has decided he would like to reside with me now. Am I entitled to claim against my ex partner from the CSA?
Regards
Stewart
Stewart Furness - 19-Aug-23 @ 2:53 PM
I look after my grandson and my daughter and grandson live with me. However over the years my money has gone. There is no money now for his hols or new clothes barely food weekly. Both his parents are in work, What I am saying never agree to look after your grand children as you get lumbered with fully responsibility without the financial support needed. And yes the parents both say we don't want you to be left doing this and that, but over time they do.
plusgran - 2-Aug-23 @ 6:50 AM
My partner has being paying csa to his ex wife for his children. She has now split with her latest partner and the children have moved in with the last partners parents!! Can they make a claim to the csa. There is no official guardianship in place.
Gelstar - 5-Mar-21 @ 12:35 PM
hi, i'm elisa, i'm separated for 1.6 months.i have a 11 year old fiance .. my ex.never helped me financially.every month he owes some money to help .. very rare.because he always had a job .. what can I do for her to pay a fee for our son ... is it possible to deduct from her own salary?
Elisa - 5-Jan-21 @ 2:44 PM
Hi my 10yr olds dad was paying me £85 a month but he has decided to stop paying he was seeing his son week on week off but he has not seen him for the past 4weeks and now decided to stop paying is this allowed we did not go through csa but now I think we should have as he uses the money as a control thing
Stacey - 2-Nov-20 @ 6:28 AM
I am 34 years of age and my father has never paid child support for me although he has always worked is there anything I can do about it what is it too late
Check - 21-Oct-20 @ 6:02 PM
My 8 yr old grandson lives with us for over 6 yrs. My gsons father was paying a voluntary amount toward maintenance, each month since 2016. Then suddenly stopped paying anything in August 2019. His father text me to say that I was getting enough money from my grandsons sgo allowance for my gson,so he didn't need to pay anything. His father is over 21 yrs old, and works full time and lives with his parents. Does he hav a financial responsibility to his son.
Wasness - 29-Sep-20 @ 1:04 PM
Hi I'm struggling to work out what my maintenance for my son covers does it go towards his nursery fees as the sum I'm being asked for by my ex seems very high
Maximus - 27-Jul-20 @ 9:57 PM
Hey. I have my younger brother living with me due to his abusive father social services are involved can I claim child maintenance for him? The social workers say I can but he is saying I can’t
Confused sister - 9-Sep-19 @ 3:24 PM
Hi am I eligible for c.s.a as my 3 year olds father didnt bother to come with me to put his name on her birth certificate also he has only bothered with our daughter one time in her short 3 years of life thank you
Leih - 9-May-19 @ 11:33 PM
My 17 year old son has just informed me he has gone to live with his sister (my adopted daughter) . She and her mother (my ex wife) are gloating that I will have to pay her child maintenance. Is this correct? Parental responsibility is still with me and my ex wife.
Dave25 - 12-Mar-19 @ 8:51 PM
Hi i live with my son and i want apple for benefit bat i don't know howI work bat i can healp my son to much my salary is 280£ per week and i pay 165£ per week rent 2 room and is very hard for my Thanks
Costind4 - 21-Oct-18 @ 11:49 AM
I have special guardianship of my two nephews. Can I claim child maintenance from the biological parents
Confused aunt - 23-Nov-17 @ 8:05 PM
SAN- Your Question:
My son is 15 and his ex is 17 and she has had a baby recently. She says the baby is his. My son is to young to work. If I am the baby’s grand mother will I be forced to pay child support because he is a minor? Manchester UK
Our Response:
Only the biological father is classed as being responsible for paying child maintenance towards the day-to-day upkeep of their child and only when they are earning.
ChildSupportLaws - 14-Nov-17 @ 12:26 PM
My son is 15 and his ex is 17 and she has had a baby recently. She says the baby is his. My son is to young to work. If I am the baby’s grand mother will I be forced to pay child support because he is a minor? Manchester UK
SAN - 13-Nov-17 @ 9:54 PM
Hi, my ex is moving to US and I have won sole residency through the courts. My ex has visiting rights and may not work in the US am I still entitled to claim maintainance?
Thanks
AS - 21-Apr-17 @ 2:04 PM
Hi my sons dad is claiming to have received a letter from CSA but I have never applied to the CSA ever. Can the government get in touch with him without my say so?
Kind regards
Giselle - 13-Mar-17 @ 9:00 AM
Kaz15 - Your Question:
My ex partner has mental health issues and I'm not getting financial support from him can I claim child maintenance on his behalf ?
Our Response:
I don't quite understand your question. You can claim child maintenance 'from' him if you are the mother of his children and he is earning enough to be able to pay, please see link here.
ChildSupportLaws - 7-Mar-17 @ 1:50 PM
My ex partner has mental health issues and I'm not getting financial support from him can I claim child maintenance on his behalf ?
Kaz15 - 6-Mar-17 @ 6:19 PM
Tracyo - Your Question:
My 20 year old sons ex is trying to say because he as no money coming in, not working or claiming and doesn't even live with us that csa have said she can claim from my husband for her child. Is this true. We've never had anything to do with her or the child
Our Response:
The only person your son's ex can claim child maintenance for her child from is the biological father, i.e your son.
ChildSupportLaws - 26-Jul-16 @ 12:16 PM
My20 year old sons ex is trying to say because he as no money coming in, not working or claiming and doesn't even live with us that csa have said she can claim from my husband for her child. Is this true. We've never had anything to do with her or the child
Tracyo - 25-Jul-16 @ 3:42 PM
@mine - she may be able to. However, you need to inform the CSA of this change (if you are going through the CSA) in order that the situation can be reviewed. Also, if your son is not in full-time education then you may be eligible to stop payment at age 16 onwards anyway.
ChildSupportLaws - 16-Apr-15 @ 2:03 PM
My son 17yr has moved in with his nan is she able to claim csa of me
mine - 14-Apr-15 @ 5:28 PM
@Drowe - I have included a link here regarding how child maintenance is worked out, which will tell you every child permutation. I hope this helps.
ChildSupportLaws - 10-Mar-15 @ 12:18 PM
Hi, my ex partner is receiving Child Maintenance from her daughters biological father. There is the potential that she'll go through the CSA for the two children we have together. I was with my now ex for 5 years, little girl is now 5.5 years old. What's the legal stance in this respect? Would she potentially get maintenance from me, over and above the biological father?
I'm not looking to shirk my responsibilities, just curious as to what the position was.
Drowe - 7-Mar-15 @ 9:27 PM
@grammy - you may find some useful information via the Grandparent Association link, here. I hope this helps.
ChildSupportLaws - 2-Mar-15 @ 2:19 PM
I have full custody of my 2 gran babies am i entitled to get child support from my son and the mum
grammy - 27-Feb-15 @ 10:59 AM
Marry 14 yr.two yr. she put domestic violence against me never convicted just 5yr.restrict order for my (kids)5 and 3 yr.old she know puts child support knoing that I am not the biological father.Is two years we been separated and know she lives with is boyfriend and her new born child and she is still marry to me.to top if off I went to get the copys of both kids and I am not in the birth certificate they just got my las name.she never change her maiden name.I don't know what to do.
Pac man - 14-Aug-14 @ 1:21 AM
Im a single parent,never married my babies father. Hes been giving me problems when hes suppose to send child support money.I dont know if i can claimchild maintainance through the courts because hes not permanently employed. His contract is renewed each month. I would like to know if i can be able to claim even if hes not permanently employed. Im unemployed at the moment and i rely on him to meet all our babies needs. my baby is 13 months old.
lebo - 1-May-14 @ 7:52 PM
Our son moved outof his own accord and went to live with his friend and parents when he was 16. He is now 18 and they have just filed for child maintenance from us. Is this legal?