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When to stop child maintenance

  • 63Jordan
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08 Jun 22 #519429 by 63Jordan
Topic started by 63Jordan
Hi There,
I have a child Maintance agreement with my ex to pay for my boys until they finish their secondary education. My ex has stopped paying child maintenance without giving me notification whilst my son is in the middle of his a levrls. I have an email from school saying he is still in full time education at school, which I have shared with my ex but he is still refusing to pay. I have threatened with court as he has broken a legal court agreement but he has said to go ahead as it will cost me more than the chills maintenance is worth.
When officially is the last day of education following A levels and is there a way to resolve this?

  • Rickoshea
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08 Jun 22 #519431 by Rickoshea
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It always seems to suggest August 31st after they finish education would be the date they officially leave the roll of the school/college. So it possibly depends how your agreement is worded as you are possibly down to the last 2 payments i.e. Jul/Aug now so any attempt via CSA/Court would be having to weigh up vs what you may receive for those 2 payments

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29 Aug 22 #519891 by 63Jordan
Reply from 63Jordan
Thanks for your feedback so for the slow response!
The wording in our agreement is “reaches 18 or completes secondary education whichever is later”.
Can you confirm that secondary education for those completing A-levels is 31st August. My ex has said that if I can prove it, he will pay. So I wondered where I find this as the web only takes about 16 yr olds. Thanks

  • Adrian456
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14 Mar 23 #520708 by Adrian456
Reply from Adrian456
Secondary education is for students aged 11 to 16. This includes the following school types: Secondary schools. Middle schools. Upper schools.

So it seems tm he can stop paying when they are 18

  • rubytuesday
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15 Mar 23 #520709 by rubytuesday
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For clarity, and for child maintenance purposes, a child is anyone under 16 years of age, or someone between 16 years and under 20 years who:

is not, nor has ever been, married or in a civil partnership, and
is in approved education or training.

Education must be full-time (more than an average of 12 hours a week supervised study or course-related work experience) and can include:

A levels or similar, for example Pre-U, International Baccalaureate
T levels
Scottish Highers
NVQs and other vocational qualifications up to level 3
home education - if it started before your child turned 16 or after 16 if they have special needs
traineeships in England

However, in certain circumstances, someone under 20 can still be regarded as a child for child maintenance purposes even if they are not in approved education or training.

You could either apply to enforce the existing order, or make a claim via the CMS who would then take over the dealings of the maintenance payments.

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15 Mar 23 #520712 by Adrian456
Reply from Adrian456
The final year of college education typically ends in June, so if the child is now an adult (18 years old), and college has finished (no more attendance or learning), why would he need to pay in July and August just because the new college year does not start until August is not the same as education finishing in June

  • WYSPECIAL
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15 Mar 23 #520713 by WYSPECIAL
Reply from WYSPECIAL
A levels are further education not secondary education so in your case the court order will end on 18th birthday.

You could apply to CMS which would go through until first Monday in September

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