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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Child Maintenance when child turns 18 years old

  • LittleMermaid
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04 Apr 20 #512034 by LittleMermaid
Topic started by LittleMermaid
Hi everyone,

I have a question about the child maintenance payments from my ex. My eldest son turned 18 in Feb 2020. He has an EHCP and is diagnosed with autism. He completed sixth form at a special needs school and is planning on going to college in September 2020, to do a one year independent living skills course. I want to know if the college course is seen as secondary education or is it tertiary? The wording from the order is as follows:

“Child Periodical payments order … payments shall be made:
a. On xxx date.
b. B. They shall end when each child respectively attains the age of 18 or if later ceases their full-time secondary education (in the case of a summer completion then the 31st August following).”

Any advice gratefully received.

Thank you.

  • WYSPECIAL
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06 Apr 20 #512039 by WYSPECIAL
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What sort of college is it?

Further Education or Higher Education?

Most courses these days have a Level so that all awards can be compared against each other. Have a look to see if this is mentioned anywhere.

Is the course classed as full time?

Another test will be will you still qualify for Child Benefit? If so then the course will meet the criteria for CM too.

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08 Apr 20 #512064 by LittleMermaid
Reply from LittleMermaid
Thanks WYSPECIAL.

It's a local college, describing itself as a college of further and higher education. I would describe the course as further education as it's vocational but I'm not certain that it's not classed as secondary as it's an entry Level 1 full time course. (Higher education I understand to be undergraduate or post graduate, as in university.)

My query would be is it classed as secondary education, as it's a very basic SEN course aimed at 18 y olds with additional needs. It is definitely a Level 1. course. The course is classed as full-time, though it consists of 12.5 hrs of tuition which is actually only 2.5 days per week.

The course is a vocational one and the website says "the aim of this course is to explore a range of vocational subjects and to develop the skills and knowledge required to pursue further education in a vocational subject at Level 1 and then beyond "

The outcome: "Students will be required to achieve their accreditation, show commitment to their course, and appropriate behaviour throughout the year in order to progress onto a higher level vocational course or employability study programme"

I would like to know if the maintenance payments from my ex as stated in the court order will still be paid while he attends this course, because the order states specifically when the child ceases their full-time secondary education. So this course is classed as full time, but is it classed as secondary education. Or is it classed as further education? I'm still confused!

Help!

Thanks

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08 Apr 20 #512065 by WYSPECIAL
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Not sure what the difference between secondary education and further education is. It may be that secondary is compulsory from age 11 and further education is optional.

The main thing is it isn't higher education. CB isn't payable for people in higher education and they wouldn't qualify for CM via CMS.

To qualify for CB full time is considered 12 hours of tuition during term time.

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