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full time secondary education (Again!)

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Spec1
Posted by
New Member

11 Nov 15 #469417 by Spec1

Topic started by Spec1

My court order states that I ........pay £xxx maintenance until the child reaches 18 years of age or ceases full time secondary education.
He left school in May this year (2015). He has started a course in September to learn joinery/building and receives £75 per week. It is not a direct apprenticeship.
My ex-wife claims that I still owe her the monthly maintenance until he is 18 years of age which I dispute.
Any guidance would be appreciated.

sulkypants
User is blocked

11 Nov 15 #469437 by sulkypants

Reply from sulkypants

If your ex receives child benefit for this child she can still claim child maintenance.

Child Maintenance Options
Moderator

12 Nov 15 #469495 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Spec1

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid.

So in your case, it largely depends whether your ex-wife still receives Child Benefit for your son. If she does, maintenance would also still be payable.

Regards

William

Spec1
Posted by
New Member

12 Nov 15 #469497 by Spec1

Reply from Spec1

Even though my settlement was signed in 2007 before any of this new legislation, introduced in 2013, came into effect?

WYSPECIAL
Moderator

12 Nov 15 #469503 by WYSPECIAL

Reply from WYSPECIAL

Spec1 wrote:

Even though my settlement was signed in 2007 before any of this new legislation, introduced in 2013, came into effect?

Once a court order for CM is 12 months old it can be over ruled by either parent applying to CMS.

If he hasn''t yet reached 18 you need to check if the course he is doing is considered FT non advanced education. If he qualifies for CB then it does fit the criteria for FT non advanced education.

If it is you might be better sticking with the court order as if either of you applies to CMS you could end up paying to age 20.

Work out how much you currently pay and what it would be via CMS

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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