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I am 16 years old and want to know if I have a case to go against

 
JGM's Avatar
  • Answered by:JGM
  • Solicitor
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  • Accepted Answers: 4442
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in Scots Law

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Customer Question

I am 16 years old and want to know if I have a case to go against my dad as he has not paid child maintenance for me since May 2008. The only problem is,he does not declare that he works as much as he does? I have been told about the CSA but it doesn't help and it would be me fighting my dad as myself and not my mum for me?

 

Optional Information:
Province/Country relating to question : United Kingdom

Submitted: 384 days and 9 hours ago.
Category: Scots Law
Value: £18
Status: CLOSED
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Expert:  clairep80 replied384 days and 9 hours ago.

Hi
Which part of the Uk are you in?
Claire

Customer replied384 days and 9 hours ago.

Scotland.

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Expert:  clairep80 replied384 days and 9 hours ago.

Hi
Then I shall opt out and transfer you to the Scottish law section
Please be patient
Claire

Customer replied384 days and 9 hours ago.

Ok..how long will it take roughly?

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Expert:  Law Denning replied384 days and 8 hours ago.

While this is waiting to be transferred to Scots law, I can tell you that in England it is most unlikely that you can do anything until you are 19.

The age limits may be different in Scotland

This action must be taken by your mother in England.

Why isnt she dealing with this?

Thanks

L

Law Denning41058.9217800926

Customer replied384 days and 8 hours ago.

Why nineteen?

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Expert:  Law Denning replied384 days and 8 hours ago.

It is the way it is down here in England. Under that age it is dealt with by CSA.

After that any application can be made for (example Uni fees) by the child.

I am sure it will be in Scots law soon.

I will re-request it

Take care

L

Customer replied383 days and 21 hours ago.

Is it in Scots Law yet?

Customer replied383 days and 21 hours ago.

Relist: Other.
Scottish Law

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Expert:  JGM replied383 days and 20 hours ago.

Thank you for your question.

You can apply for child maintenance in Scotland if you are between the ages of 12 and 19 and are in full time education up to sixth year studies.

In addition there must be no private arrangement or court order in force for maintenance.

You can get full information here:

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198867.pdf

I hope this helps. Please press ACCEPT so that I am credited for my time.

Customer replied383 days and 20 hours ago.

So if I go to a lawyer, I should be eligible to do it without the CSS or my mothers help? Meaning I would be doing it as myself? Thanks.

Customer replied383 days and 20 hours ago.

CSA*

Customer replied383 days and 20 hours ago.

Relist: Incomplete answer.

Accepted Answer

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Expert:  JGM replied383 days and 19 hours ago.

No, my answer says that you can go to the CSA yourself for maintenance. You can also instruct a lawyer to write to your father with a view to setting up a maintenance agreement but if he doesn't cooperate then your recourse is to the CSA provided that the conditions outlined are met.

Once you turn 18, if you are in full time time education or training you can take your father to court for maintenance but not before.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 98.9 %
Accepts: 4442
Answered: 5/30/2012

Experience: 27 years as a practising solicitor.

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