Child Maintenance - when does it stop

[fizzy01]

My son will be 18 this month and is attending college for the next 12 months studying his A levels. My ex -husband has now threatened to stop paying maintenance. Is he still liable to pay even though my son is at college and not school. To make it more complicated my ex lives in Spain! The maintenance order does not say when to cease payments! I am still eligble to receive child benefit though.

[Bob906]

As long as you are entitled to Child Benefit and also Child Tax Credits you should also get the Maintenance and it should go on being paid as long as the child is in full-time education, but they all stop when he goes from college to Uni or gives up college to find a job, your local CAB should be able to tell you as well.

[gina32]

what does it say on the court order, assuming it was done throught the courts and i believe to claim maintenance the child also has to do so many hours at college,

[pips1]

Sorry fizzy01 I don't mean for this to sound rude in any way I assure you, but you have been lucky to get money till now! I did not get a penny for my children. I know I was unlucky but it was really hard to put them through college. I hope it works out better for you.

[squarebear]

ouch.

[pink-kittens]

If it's a court order (unlikely) then, if your child stays in certain education, then you will continue to receive maintenance until the september after the child's 19th birthday, the same as child benefit. Tax credits may have a different criteria

[stonekicker]

tetjam - the rights and wrongs of a divorce have no place in the discussion about maintenance or people's personal experiences here. you moan when people have a go at you but continually post inflammatory remarks - what is it that you want? friendship, chat and advice on ab or continual rows? if we are gonna start flinging sh!t at each other here (in someone's innocent post) what you are like to live with one can only guess at. stick to the sensible and technical advice you are good at and stop getting personal. i sometimes enjoy reading your posts, but that comment to pips1 was uncalled for.

fizzy - ignore the rubbish that occaisionally appears here and look at the sensible advice - you are entitled to child support as long as your son is in full time education, you recieve cb/child tax etc and you can continually show you are supporting him financially. if your ex becomes difficult go and see a brief - although this may be equally stressful and expensive. good luck!

[Ethel]

Between the ages of 16 and 19, if the child is enrolled full-time in school (more than 12 hours per week and the course is up to and including A level), child maintenance for the child must be paid. This does not apply to advanced study, like study at a college or university, this only includes non-advanced study. Although a child may have several long breaks, the non-custodial parent still owes child maintenance during school breaks. If the child leaves full-time schooling in the summer, the non-custodial parent generally owes child support until the first week of September, of that year.


http://www.sfla.co.uk/endmaintenance.htm

[fizzy01]

Thank you everyone for your replies, but I am still a little confused, he is at college and has left school so am I still entitled? Studying A Levels full time.

Thank you

[Jillius]

If he's still in any form of education his dad must still pay !
Unless he's like my ex hubby and goes out of his way to avoid paying !

[pink-kittens]

Fizzy,

Yes, you are still entitled to it

It beggars belief that some absent parents think that their responsibility to their child ends because they are no longer with the parent they made the child with or that child turns 16

[pips1]

Thank you Stonekicker for sticking up for me! I have never been unfaithful in my life, I was the innocent party in my divorce and suffered for it. I am sorry if I offended you Fizzi, I was merely pointing out that it is not always straightforward and that I couldn't help. I really hope it works out favourably for you.

[fiesata]

Criteria is that the course must be none advanced education which means A level or below

If this is the case you will still get Child Benefit until the young persons 19th birthday (up to the nearest payday below 19) and Child maintenance will be payable until Child Benefit ceases

This is all assuming the order was made via the CSA (court orders ceased many years ago)

[dtr123]

I have recently got divorced and my court order says i pay for my kids til they finish secondary education. That was, however, agreed to by my darling ex wife.

We didnt go through the CSA and just through ht ecourts.

As far as i am aware, with mine at least, i have to pay until they leave secondary school.

Gonna check tomorrow now.

Sad thing is i would have contributed as much as possible towards the kids anyway...