Q&As

Can a relative who does not have day-to-day care of a child who has attained the age of 18 and who is in full time education at a college (less than A level equivalent), claim child maintenance on behalf of that child?

read titleRead full title
Published on LexisPSL on 25/03/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can a relative who does not have day-to-day care of a child who has attained the age of 18 and who is in full time education at a college (less than A level equivalent), claim child maintenance on behalf of that child?

Statutory child support is dealt with under the provisions of the Child Support Act 1991 (CSA 1991), which provides at CSA 1991, s 1(1) that for the purposes of CSA 1991, each parent of a qualifying child is responsible for maintaining that child. In addition, CSA 1991, s 4(1) provides that:

‘A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the non-resident parent may apply to the Secretary of State for a maintenance calculation to be made under this Act with respect to that child, or any of those children.’

ie both the potential payee and the potential payer may make an application for a maintenance calculation, and a potential payee is not limited to a parent but more broadly to a ‘person with care’.

A child in full-time non-advanced education satisfies the requirement as to the definition of a child for the purposes of CSA 1991 up to the age of 20

Related documents:

Popular documents