Sgo advice after breakup of marriage

[Love]

Hi I’m in need of advice my ex husband and I have had special guardianship for a 9yr old, my ex walked out in February 2019. He has had contact with the child and payed support. He has now entered a new relationship so is not paying any support but still having contact every 2 weeks . I have since found out that by Csa he does not have to pay support as we are only special guardians. How can he not be made to stand up to his responsibilities as both sighted sgo. I have struggled financially since he has stopped support and also refuses to spend more time with him. Is there any help and support for me.

[Suzie, FRG Adviser]

Dear Love

Welcome to the family and friends carers’ discussion forum.

My name is Suzie, online adviser at Family Rights Group. I am m sorry that it has taken so much time to respond to your post, due to volume of work.

I am sorry to see that you are struggling financially to care for the child for whom you and your former husband have a special guardianship order. The child continues to have contact with him although he makes no financial contribution. This must be very difficult for you.

As far as contact is concerned, as it is for the benefit of the child, there is no link between maintenance and contact. A biological parent is unlikely to be refused contact because he or she is not paying support for a child. Since you are now looking after the child on your own have you applied for working tax credit or child tax credit? Please see our advice sheetSocial security support for relatives and friends looking after someone else’s child for more information.

You may also wish to consider whether your former husband should continue to be named as a special guardian with the benefit of having parental responsibility. If you decided that you wanted to change this situation, you could apply to the court to change the order to your sole name.

It is not clear from your post whether the child was a looked after, that is, in care of children’s services (the new name for social services), before you obtained the special guardianship order. If so, was there a financial means assessment for special guardianship allowance? Alternatively, you could ask children’s services to carry out a child in need assessment which could mean a financial payment might be possible. Please read our advice sheet Support for relatives and friends who are looking after someone else’s child

I hope you will find the information helpful but should you wish to speak to an adviser, please telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

Best wishes

Suzie