SGO + Financial Reponsibility of parent.

[twinsauntie]

Hi, I have an SGO in place for my 15 year old twin nieces. They have been living with me for the last 5 years as their mother is an alcoholic and I have been receiving an allowance for the last 3 which started after the SGO court hearing. In that time and to date, I have received no financial support whatsoever from their mother, though I've learnt to just about manage with the benefits and allowance I receive. The father died a couple of years ago but had nothing to do with the girls.

I know that if I had been in a relationship and had moved in with someone, it would have effected what I receive in allowances & universal credit, and if I had married, my partner would have had to accept some financial responsibility for the girls too. My sister (their mother) appears to be going through a 'sober' period again, and has met and moved in with a man.

Does the fact that she has moved in with someone place any stronger legal requirements to her obligations to contribute to the girls upbringing? To date, in 'sober' periods, she has worked cash in hand or not made enough for Child Maintenance Services to do something about it.

Thank you so much for any advice.
PS I am so proud of myself for not ranting and letting out my frustrations in this post!

[Suzie, FRG Adviser]

Dear twinsauntie

Thank you for your further post. It is good that you continue to receive special guardianship allowance payment for your nieces as well as the state benefits to which you are entitled.

During the period you have been caring for your nieces their mother has made no financial contribution towards them. You have said she has not earned enough to the Child Maintenance Service (CMS)to be involved but even if someone is on benefits they can be asked to pay. However, as you mentioned in your post, if your circumstances changed your allowance would be reviewed, I believe the same would be the case if the children’s mother was making payment, you would be expected to inform children’s services when you carry out the review of your financial circumstances as income available to you.

As a non-resident parent the mother could be asked to make a payment by the CMS) but you will need to weigh up whether it would be in your best interest. The fact that she might be living with someone does not, in my view, mean she can pay, her partner is not responsible for her children and, it would depend on their financial arrangements. It might mean she has more income available to her, but this may not be the case. I think you would need to make enquiries of the CMS, but I do not think as you suggest, it would place any stronger legal requirements on her.

You can find information on the government's website about child maintenance payments whether paying or receiving parent.

Well done to you for not, as you say, ranting!

Best wishes

Suzie