Maintenance payments - full time education

As Mike said you really need someone to read the whole order, not a paragraph, it''s a basic of Consent Orders, all is not what it may appear.

It would help if you could tell us if the consent order was dated before or on or after 3rd March 2003. Also are you still entitled to receive Child Benefit?

It confuses me when people say that maintenance doesn''t continue past A Levels (even when an order says until full time education is finished), and then others say that even if the order says this, it doesn''t include full time education beyond A Levels..

Who told you this? If child maintenance is paid through the CSA the rule is the child qualifies for child maintenance until the age of 16 or 20 if they are in full time non advanced education. "Non advanced education" means A Level standard or less. So whoever told you is partially correct.

However when there is a court order for child maintenance it is legally binding and enforceable. Although the end of "full time education" is ambiguous unless it states end of secondary or first uni degree it is now usually interpreted to include university eduction at least until the end of the first degree and may include a gap or foundation year etc. The reason someone needs to see the consent order is to check that it is worded as an order and can be enforced.

With consent orders made on or after 3rd March 2003 normally either parent can apply to the CSA for an assessment after the first 12 months, the CSA then notifies the court and the consent order ceases to have any effect with regard to child maintenance.
The exceptions are when there are step children, one parent lives abroad or there are over 18s in education who do not qualify for child maintenance under the CSA or the new Child Maintenance Service rules. So if your consent order was made after March 2003 and you are still in receipt of Child Benefit because he is in non advanced eduction your son would qualify for child maintenance under the CSA/CMS and your ex could apply, then the consent order would cease to have any effect.

I no longer get child benefit for my son, and the original order was from 2002.

The thing is, if the maintenance should stop after the diploma, I do accept that. I''m not wanting to cause a huge fire storm, and I think that his dad will still make some efforts to support. But I would like to know beforehand if the order covers for full time, course after course beyond secondary... On the face of it, that''s what it appears to do...but some say yes, some say no

Also - if the fact that my son has a little part time job and gets whatever support via student loans or whatnot has an impact....how does all of that get sorted out....as in.....who makes the decision as to whether the maintenance should continue, how much etc etc. Is it a case of back to court with lists of assets and so on... Yikes!! I wouldn''t let it get to that stage but in theory, would it be that...?

The whole system appears to be somewhat ambiguous.. Either that or I''m slow to catch on to how such things work..

Thanks,

Gwynnie

I see. Things are becoming clearer Fiona, thank you.

The fact that he is in the middle of one stand alone diploma and planning to sign up for a degree...that makes no difference? Effectively then he''ll be taking one course, and then signing up for another....and the maintenance is paid seamlessly? There''s nothing anywhere to suggest that he gets one shot at one course, post ''school''...? (The two courses not technically being related - subject wise yes, qualification wise no)..

Thanks,

Gwynnie

Fiona, some people say that his part time job and any student support factor into how much his dad should be paying..

A quick question leading on from this... If his dad decided to ''not pay'' or to reduce payments when the degree course starts, does he do this via a variation of the order? So he applies to court to vary the amount he pays to his son and/or asks the court to agree to let him pay his son directly? Is this effectively, as I mentioned above, a return to the dreaded asset lists...and so on... Seems so cumbersome and inflexible, the whole process..

Thanks,

Gwynnie

Alright, the order predates March 2003 and your son doesn''t qualify for Child Benefit so that rules out the CSA/CMS having any jurisdiction.

Assuming the consent order is worded in a way that is binding and enforceable (you need to get this checked) it is open for you to start enforcement proceedings for any arrears you think you are due. Alternatively either parent can apply to vary a maintenance order. A family solicitor who works with the courts local to you is in the best position to advise where you stand initially even if you then decide to go it alone.

When a variation application is made the courts will consider the financial resources of both parents and the child which involves completing form E. An application is usually only successful if there has been a substantial change of circumstances. A student earning some money is positive and along with student loans etc won''t necessarily affect the outcome. The courts also take into account the fact that their earning potential is curtailed, any increases/decreases in incomes or from promotions the parents may have had and the increase in the parent''s disposable income if they now share living expenses with a new partner that they didn''t before.

Child maintenance can be decreased, increased, or terminated altogether. Usually child maintenance is paid to a parent for the benefit of a child but it can be paid directly to the "child."

However it''s in neither parents interests to refer the matter back to court. The legal costs usually make it not worthwhile and if possible it''s better to negotiate/mediate a compromise.