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re definitions

  • rimskyx
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08 Jul 13 #400426 by rimskyx
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ie ''deemed as secondary '' by whom ?

  • Fiona
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08 Jul 13 #400434 by Fiona
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There are few certainties in family law, just probabilities. The definition of "full time secondary education" is open to interpretation and the only binding opinion is that of a judge. Generally the courts'' starting point is in line with child support rules and regulations. That means if a "child" under 20 is continuing approved full time non advanced education (A level standard or below) and qualifies for Child Benefit child maintenance will normally be payable.

Since March 2003 the CSA normally has jurisdiction and the courts cannot impose an order of the court for child maintenance. However a child maintenance agreement can be documented in an enforceable Consent Order. In a consent order it will state a certain amount of child maintenance ordered "by consent." Once the consent order is 12 months old either party can apply to the CSA for an assessment and/or payment collection. The consent order in relation to child maintenance then ceases to have any effect.

The courts retain jurisdiction for any court orders predating March 2003 and the CSA cannot get involved during the term of the order. On application the order can be varied so that the amount of child maintenance or term can be changed. If the term stipulated in the order ends the order lapses and ceases to have any effect so the CSA can become involved providing the child qualifies under their rules and regulations.

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08 Jul 13 #400450 by rimskyx
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ok that''s great thanks > that clears some issues !! This case was dated August 2006 . The CSA has become involved via the ''ex'' claiming benefits as she is unwell and they have referred the matter to the CSA for assessment I guess. I would have continued paying had the CAB not said what they did about what constituted secondary education . Although upon reflection their consideration of this was a little lacking in detail .
However I still lack confirmation that the sons have /are attending a course which would merit further maintenance payments . I presume that the CSA would have to get some evidence that this is the case rather than the word of the ''ex''?

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08 Jul 13 #400452 by rimskyx
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ALSO the relationship between the payment of child benefit and the payment of maintenance is a little mystifying at the moment . What happens if the child leaves school aged 16 , gets a full time job > what can the live in parent expect to receive maintenance/child benefit wise ??

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08 Jul 13 #400455 by Gillian48
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When the child leaves full time education - ie 16 yrs or older child benefit/CSA/CTC stops (asfar as I''m aware) but the law changed and as from September 2013, children in England must stay in education or training until the end of the school year they turn 17.
If the child prior to this ruling is 16 left full time education and has a full time job- no child related benefits can be claimed. ( Iam almost certain this is correct - though guess someone will tell me if I''m wrong).
I have contacted my local CAB in the past about various issues and didn''t find them very helpful or informative!

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08 Jul 13 #400468 by rimskyx
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kinda agree about CAB .. they are in a somewhat difficult position as they claim to offer expert advice without the training/experience needed to be able to usefully do this ... a bit radical this but time will tell I guess !!??

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