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Secondary education - maintenance
- CAJ07
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27 Jul 13 #402368 by CAJ07
Topic started by CAJ07
My son is 18 in August and has just completed a 2 year college course to obtain an engineering diploma. My ''Consent Order'' from the court states that I should pay maintenance to the age of 17 or to the end of full time secondary education, which ever is the later. I informed his mother that I would stop his maintenance to her and make personal arrangements with my son until he has found full time employment. The reply that came back was to inform me that my son has applied for another course, commencing in September although he has not mentioned anything to me, apart from wanting to seek an apprenticeship or trainee full time position. If he does commence another course, is this still classed as ''secondary education'' and would I have to continue to pay maintenance? Any advice would be very much appreciated.
- TBagpuss
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29 Jul 13 #402534 by TBagpuss
Reply from TBagpuss
it would depend on the court - what it is classed as. Secondary education is a-level or equaivalent, so if the new course is further or higher education it would not be included.
It may also be possible for you to apply to amend the order.
If ou stop paying your ex could apply to the court to enforce the roder or could make an application to the CSA for maintenace (assuming that the order was made more than 12 months ago) - CSA covers children up to the age of 19 if they are still in full time secondary education.
It would perhaps be sensble for you to talk to your son about what course or courses he is applying for, you can then check with the collge what level they are and whether they are full time.
It may also be possible for you to apply to amend the order.
If ou stop paying your ex could apply to the court to enforce the roder or could make an application to the CSA for maintenace (assuming that the order was made more than 12 months ago) - CSA covers children up to the age of 19 if they are still in full time secondary education.
It would perhaps be sensble for you to talk to your son about what course or courses he is applying for, you can then check with the collge what level they are and whether they are full time.
- CAJ07
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29 Jul 13 #402583 by CAJ07
Reply from CAJ07
Many thanks TBagpuss for your response, which is very much appreciated.
With the previous Engeneering course my son has obtained a diploma, so would this be an equivalent to A levels?
The additional course he has applied and been accepted for is Energy engineering Level 3 course, which is a full time course at the FE college.
The consent order was issued in December 2012, so a year has not yet passed and I am payed by an overseas company in to my UK account, so can the CSA apply their demands on me?
Any additional guidence would be very much appreciated.
With the previous Engeneering course my son has obtained a diploma, so would this be an equivalent to A levels?
The additional course he has applied and been accepted for is Energy engineering Level 3 course, which is a full time course at the FE college.
The consent order was issued in December 2012, so a year has not yet passed and I am payed by an overseas company in to my UK account, so can the CSA apply their demands on me?
Any additional guidence would be very much appreciated.
- Child Maintenance Options
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29 Jul 13 #402602 by Child Maintenance Options
Reply from Child Maintenance Options
Hi CA107.
Thank you for your post. My name is William the child maintenance Options consultant.
I can see that TBagpuss has given you some answers, but just to confirm that once your Consent Order was agreed and authorised, you are legally liable to pay the amount the court has endorsed. So your son''s mother could get the Consent Order enforced if there are any missed or reduced payments.
Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months.
After 12 months either parent can apply to the Child Support Agency (CSA) and the Consent Order will no longer be valid.
You ask in your post if the CSA could get involved as you are paid by an overseas company. You do not say whether you currently reside in the UK, but just to make you aware the CSA can only deal with an application for child maintenance when both parents and the child live in the UK.
If you do live abroad there are exceptions to this if any of the following points apply to you:
you are working abroad in the service of the crown. For example, you are a Civil Servant, working in Her Majesty''s Diplomatic Service or are a member of the Armed Forces.
you are working abroad for a UK-based company. For example, the company employs people to work outside the UK but makes payments via a UK payroll. The company also needs to be registered under the Companies Act 1985 (England, Wales and Scotland) or the Companies (Northern Ireland) Order 1986.
you are working abroad on a secondment for a prescribed body. For example, you work for an NHS trust, a regional health authority, a primary care trust or a local authority.
If you do live in the UK you may wish to speak to the CSA directly to clarify whether or not they could take an application for child maintenance. This website www.gov.uk/child-support-agency provides their contact details.
Just to confirm that under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid.
When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.
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
To find out more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
Thank you for your post. My name is William the child maintenance Options consultant.
I can see that TBagpuss has given you some answers, but just to confirm that once your Consent Order was agreed and authorised, you are legally liable to pay the amount the court has endorsed. So your son''s mother could get the Consent Order enforced if there are any missed or reduced payments.
Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months.
After 12 months either parent can apply to the Child Support Agency (CSA) and the Consent Order will no longer be valid.
You ask in your post if the CSA could get involved as you are paid by an overseas company. You do not say whether you currently reside in the UK, but just to make you aware the CSA can only deal with an application for child maintenance when both parents and the child live in the UK.
If you do live abroad there are exceptions to this if any of the following points apply to you:
you are working abroad in the service of the crown. For example, you are a Civil Servant, working in Her Majesty''s Diplomatic Service or are a member of the Armed Forces.
you are working abroad for a UK-based company. For example, the company employs people to work outside the UK but makes payments via a UK payroll. The company also needs to be registered under the Companies Act 1985 (England, Wales and Scotland) or the Companies (Northern Ireland) Order 1986.
you are working abroad on a secondment for a prescribed body. For example, you work for an NHS trust, a regional health authority, a primary care trust or a local authority.
If you do live in the UK you may wish to speak to the CSA directly to clarify whether or not they could take an application for child maintenance. This website www.gov.uk/child-support-agency provides their contact details.
Just to confirm that under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid.
When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.
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
To find out more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
- rfowler
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04 Dec 15 #470376 by rfowler
Reply from rfowler
Hi, my ex husband stopped paying maintenance for my oldest son as soon as he turned 17. He went to college to study a BTec in IT as he did not get the grades he wanted for the subjects at A level. My husband has sent me a solicitors letter stating that college education does not count as secondary education and therefore he does not have to pay. I am still receiving child benefit for my son - can anyone give definite clarity on this for me? Thanks
- Fiona
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04 Dec 15 #470382 by Fiona
Reply from Fiona
Do you have a court order/consent order for child maintenance & if so what are the exact terms & is it dated before March 2003?
- rfowler
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02 Jan 16 #471491 by rfowler
Reply from rfowler
I am sorry for the delay, I have just worked out how to get back onto the thread. I do have a court order - it states until each child reaches 17, or ceases full time secondary education, whichever is the later, or until further Order. The date of my court order was 25th September 2003. Any advice much appreciated. My son is studying a BTec course at college. Thanks
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