starryeyes

Hi, My husband was devastated after he lost a leave to remove case (and consequently his three kids to Australia), a few years ago. He has continued to pay child maintance through the CSA ever since. But his eldest girl is just leaving high school aged 17 this November to get a job. Now in the Uk that would mean child support for this child would cease. But in Australia you pay till the child is 18. Who has jurisdiction over child maintenance calculation, the UK or Oz? Thanks

moneypenny20

The UK, that's where the children are. Australia have nothing to do with it.

starryeyes

Thanks for the reply. Sorry I must not have been very clear. The children live in Australia, my hubby lives in the UK. He has been paying maintenance as per usual through the UK CSA since they left. So going by what you say, jurisdiction will be Australian and he will have to continue paying support for this daughter until she is 18 despite her being in full time work. Thanks

moneypenny20

Ah ok, yes I read it as he was here and they were in the UK. Sounds a bit odd if she's in full time work though.

starryeyes

Hi. in Australia the payments continue until the child is 18 regardless if they are working or not. In the uk payments stop as soon as they leave full time education.

SillyOldBag

This link to a legalaid site in Australia suggests that child support may be stopped before a child reaches the age of 18 if you can show that "the child becomes self sufficient, marries or becomes a member of a 'couple'."

Chances are that a 17 yo leaving high school would be unlikely to be earning a wage that would enable them to be deemed self-sufficient.

Incidentally, where was the order made, UK or Australia? that might have some bearing on the subject possibly? I don't know, I'm just doing some wondering

starryeyes

Hi Sillyoldbag. Thanks for the reply. there has not been an order made. Even the leave to remove court order does not order the continuation of maintenance. He just paid through the uk csa since 2004 and has never stopped. His daughter works weekends in a restaurant and they are now taking her on full time as of end Nov. She will be earning a decent wage. I am just confused about who has jurisdiction to make these tyep of calculations the UK CSA or the oz csa. In other words the country the children live in or the country the dad lives in. Anyone know?