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Financial order v apprenticeship

  • BikerRob
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6 days 20 hours ago #513070 by BikerRob
Financial order v apprenticeship was created by BikerRob
Hello all, hope someone can help?

In my financial order of my divorce it says child maintenance will be paid until last child is 18 or end of full time education, whichever is latter.
This was done as I envisaged him going to A levels. But instead, he’s got a great apprenticeship. He’s 16. It’s residential so he’ll be there 5 nights a week, and paid. Normally this would mean I no longer have to pay the ex child maintenance, but I’m worried about that line in the financial order?
Please help I’m losing sleep

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  • WYSPECIAL
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6 days 5 hours ago #513077 by WYSPECIAL
Replied by WYSPECIAL on topic Financial order v apprenticeship
An apprenticeship isn't full time non advanced education for CMS purposes and child benefit can't be claimed.

Have a good read through the exact wording of your court order but sounds like it ends.

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6 days 5 hours ago #513079 by BikerRob
Replied by BikerRob on topic Financial order v apprenticeship
The wording in the court order is as per the text in my first message.
I’m just worried she could take me to court as it states age 18 (as the Latter)???

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  • Vigorate
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6 days 3 hours ago #513083 by Vigorate
Replied by Vigorate on topic Financial order v apprenticeship
The way I read it, although full time education has ended you still have to pay until the child is 18, which is the later event in the order.

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6 days 3 hours ago #513084 by BikerRob
Replied by BikerRob on topic Financial order v apprenticeship
But how much?
He won’t be living with her as it’s residential 5 days a week.
And he’ll be on a salary.
So how much would I owe her???

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6 days 2 hours ago #513085 by Vigorate
Replied by Vigorate on topic Financial order v apprenticeship
If the order has been in place for more than 1 year then I understand you can apply to CMS and whatever was in the order for child maintenance will be superseded by what CMS decides.

Hopefully someone on here can provide you further input shortly.

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  • hadenoughnow
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6 days 2 hours ago #513088 by hadenoughnow
Replied by hadenoughnow on topic Financial order v apprenticeship
Vigorate is quite right. Child maintenance in a court order is only valid for twelve months after which either party can ask for a CMS assessment. CMS will then apply. The order cannot be enforced.

Give CM options a call to discuss whether you have any continuing liability in their eyes.

NB Paying more than the statutory minimum is perfectly acceptable. You could continue to pay some especially if the child will still be home at weekends. Of course it is also perfectly reasonable for them to make a contribution although I appreciate an apprenticeship wage will be low.

Hadenoughnow

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