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Child Maintenance Payments

  • Fed up Dad
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22 Jan 21 #515468 by Fed up Dad
Topic started by Fed up Dad
Hi, my divorce was completed in 2015 and the Consent Order states the following regarding child maintenance payments.
'Until the youngest child reaches the age of 18 years or completes full time secondary education, whichever shall be the later'
I have a 20 year old that is now in their final year of university and twins that were 18 last November.

One of my twins did 1 year at 6th Form and then decided to change direction and is on a two year course at college. The other did not consider 6th form and is doing a 3 year course on building at college. (youngest child)

Can I legally stop paying child maintenance? It is difficult to establish if college is classed as full time secondary education or further education.

Thanks in advance

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25 Jan 21 - 25 Jan 21 #515483 by wikivorce team
Reply from wikivorce team
Copied from a previous answer on this forum from the Child Maintenance Options team:

The definition of full-time education is more than 12 hours a week of study, on a course up to and including A level standard. Some examples of non-advanced education are:

GCSEs
A levels
iGCSEs
Pre-U
International Baccalaureate
NVQ/SVQ level 1, 2 or 3
BTEC National Diploma, National Certificate and First Diploma
SCE higher grade or similar

If your son were to go in to advanced or higher education, he would no longer qualify for child maintenance. Some examples of advanced and higher education are:

a degree
Diploma of Higher Education
NVQ level 4 or above
BTEC Higher National Certificate (HNC)
teacher training


From this thread:
divorce.wikivorce.com/advice/children/ch...ion-maintenance.html
Last edit: 25 Jan 21 by wikivorce team.

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25 Jan 21 #515487 by Fed up Dad
Reply from Fed up Dad
Hi,
Thanks for the response. Without quizzing my son in too much detail regarding his college course and what he is working towards (very close to his mum), I was asking him over the weekend how it was going and what he gets at the end of his 3 year course. He isn't really that sure! So I have been onto the college website this morning to look at the course he is doing that starts in September this year.
He is doing an Electrical Installation course that is Level 1, 2 and 3 Diploma. Based on what has been detailed on the response, I am still puzzled if he is doing a BTEC National Diploma or a Diploma of Higher Education

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25 Jan 21 #515488 by Fed up Dad
Reply from Fed up Dad
I have now been able to find out what qualification my son is working towards

City and Guilds Level 2 Diploma in Electrical Installation

Is this classed as Non Advanced or Advanced?

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25 Jan 21 - 25 Jan 21 #515489 by wikivorce team
Reply from wikivorce team
From a quick Google i found this:

www.colchester.ac.uk/course/electrical-i...tions-level-1-and-2/

Students who successfully complete the level 1 course may progress onto the current City & Guilds Level 2 Electrical Installations qualification which, in turn, gives the entry requirements for the City & Guilds level 3 qualification. Students may also progress from Level 1 onto an Intermediate Apprenticeship (Level 2) and from Level 2 onto an Advanced Apprenticeship (Level 3).

Upon completion of Level 3 students may choose to enter employment as a trainee electrician. If you are already a trainee electrician then you may be able to progress to senior trainee. Students who successfully complete the level 3 course can progress onto the BTEC Level 4 HNC in Construction and the Built Environment (Building Services Engineering).


It looks to me like the current course is non-advanced level.
Last edit: 25 Jan 21 by wikivorce team.

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25 Jan 21 - 25 Jan 21 #515490 by wikivorce team
Reply from wikivorce team
This whole end date rule is linked to the end date for child benefits.

So you could ring up a child benefits helpline and ask if you can still claim for a child on that level of course.

assets.publishing.service.gov.uk/governm..._Benefit_over_16.pdf

Child Benefit Helpline 0300 200 3100
Last edit: 25 Jan 21 by wikivorce team.

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25 Jan 21 #515491 by Fed up Dad
Reply from Fed up Dad
I think I am on a hiding to nothing here. It appears to be Non Advanced education he is in and likewise, his twin sister.
I would always support my children financially yet they all earn from part time jobs, pay their mother an amount of board, even buying their own food.
My maintenance payment in December was used to buy her a puppy and everything that goes with it.
My kids see nothing of the money I pay over and I would rather pay them directly.
She has a brand new car, purchased new furniture yet I have no disposable income to do the same.
I am now paying £500 a month maintenance, cost of the mobile phone contracts, car insurance and AA membership.
Meanwhile our eldest daughter is going to have to take a gap year in doing her Masters due to funding.
I will call Child Maintenance but I think I know what the answer will be.

My son has often asked if he could move in with me - maybe that is the way forward and I apply for a change as he is classed as the youngest child (twin 2) so all payments from my side should cease to her?

Thanks for all replies

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