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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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I would like to pay my child support payment to my children

Customer Question

I would like to pay my child support payment to my children direct to their bank accounts so that they can get the full benefit of it with both being over 16 years old. At the moment they are not seing any of it with my ex wife being the way she is and because of this i contribute even more for things that should be done with money supplied. Thankyou.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The Child Support Act 1991 says that a child over 12 can apply for a maintenance assessment unless the parent with care has already done so.

It also says that child maintenance is payable until the age of 16 unless the child is still in education in which case the age can be 18.

So if your ex wife went through the CSA for maintenance you have to keep paying it to her until each child is 18. Thereafter it can be paid directly to the child, assuming the child is still in education.

If, however, your ex wife agrees, you can vary the maintenance order but tell the CSA you are doing so and get written proof that she agrees.

If the CSA have not been involved and you have an informal arrangement then you can change this to pay the children directly.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.