Child maintencance for a school refuser

Rabbit1

My 12-year old daughter lives full time at her other parent's - not my choice - where she is allowed to do anything she pleases, e.g. drink, smoke, stay up til 6 am etc.

Last October, she began refusing to attend school. My ex is hopeless at getting help for her or enforcing the rule that she must go to school. I am desperately worried about her lack of education.

All information I have seen states that child maintenance is to be paid for children in full-time education which she is not. I want to withhold child maintenance until my daughter is back in school - this would, I think, ensure that my ex does something about it.

Is this legal? Or does the phrase 'in full-time education' really only mean ay an age when a child should be in full time education?

Any advice, please!

skylight

Full-time education does not mean the child has to attend school. You can be home educated and you are still in "Full-time education". Its the level of full-time education that is important. (The law in this country simply states a child has to have an education; not a location!)

Stopping CSA isn't likely to get the PWC to push your child to go to school. It will really irritate your EX instead. Perhaps a chat with her and a united front to get some help from social services or the like would be of more use.

dseventy

Maintenance is for clothes, food etc, whether she is in school or not she still has these expenses.

I think you should offer some support in the situation rather than threaten to pull your support for your child at this troubling time?

Or is that just me?

D70

Sambucus_Nigra

skylight wrote: »

Stopping CSA isn't likely to get the PWC to push your child to go to school. It will really irritate your EX instead. Perhaps a chat with her and a united front to get some help from social services or the like would be of more use.

We don't actually know that do we? We can presume but the Ex might be a money grabbing wench/jack the lad and thus it might very well have the intended effect.

OP - you would have to check out the legal status of that phrase; and see if anyone has successfully argued that point in a court.

Interesting angle though!

joeblack066

I think that you should be asking for residency. The PWC is obviously not capable of providing care, guidance and support to your daughter. Have you contacted the Educational Welfare Officer for the school? Social Services? I feel that you need to act, quick!

Soubrette

I don't think there is anything you can do about CSA payments unless you go for custody yourself.

Can you liaise with the school and/or social services or Barnardos if they operate in your area? What about counselling to try and find out why your daughter is behaving like this? You can try your GP or in Bristol there is a service called Off the Record for youngsters, there might be something similar in your area. Ask the school if they are considering fining your ex for non attendance of your daughter if you think a monetary disincentive will help focus her mind.

I have a friend with a daughter like yours and at 14 the situation is much worse (underage sex, smoking soft drugs and associating with people (mostly older men) who take harder drugs as well as truanting and smoking). It's like watching a horrible trainwreck where it seems she will be doomed as an adult If you can do anything about this please try but I don't think withholding maintenance is an option.

Good luck

AsknAnswer2

The only time Child support is affected by whether or not a child is in full time education is where the child is between the ages of 16 to 19.

Rabbit1

Thanks for replies. Am looking for legal advice not moral advice though. Will contact a solicitor.

shell_542

Child maintenance is payable up to 16 years of age ... And then up to 19 depending on education status.

kelloggs36

It must be really tough to have a refuser; I've not had one (there is still time!) but having seen some, I feel sorry for the parents involved. You can try and drag a younger child to school, but it gets harder and harder the older they get - it seems like the PWC is at her wits end and needs help and support, not threats of withdrawing maintenance. The Educational Welfare Officer will be involved already if the child has been absent for a lot of time - can you not talk and try and support each other in this matter?

MrsManda

Rabbit1 wrote: »

Thanks for replies. Am looking for legal advice not moral advice though. Will contact a solicitor.

You cannot withdraw Child Maintanence because your child is not attending school. Child maintanence is payable until the child is 16, whether they're attending school is irrelevant until after they reach 16 when child maintanence continues to be payable until the child is 19 if they remain in full time education.

With an arrangement using the CSA, child maintenance is paid until the child reaches 16 years old, or until they reach 19 years old if they are in full-time education (not higher than A-level equivalent).

http://www.cmoptions.org/en/maintenance/index.asp