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Child maintenance under a court order

Hi everyone,

I have a court order in place for the benefit of my two children. The payments are minimal, but as a single parent I need all the help I can get. The court order states that the payments are to be made until 17yrs old or secondary education ceases. Does secondary education mean 6th form/college, or does it also include university?

Many thanks in advance

Comments

  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    I would think secondary means high school, not university. If the order is over a year old you an apply to the CSA instead. Payments would be 20% of net income less a reduction for any children in your exes home and a further reduction for overnight stays. Child Maintenance is payable until age 20 under the CSA if your in receipt of child benefit.
  • MXW
    MXW Posts: 563 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I would think secondary means high school, not university. If the order is over a year old you an apply to the CSA instead. Payments would be 20% of net income less a reduction for any children in your exes home and a further reduction for overnight stays. Child Maintenance is payable until age 20 under the CSA if your in receipt of child benefit.

    Thanks for your reply. The court order has been in force since 2002. The courts decided to leave it under an order because of my ex husband's reluctance to pay it! I have been in and out of court all the time it has been in force because my ex has not paid it/reduced it etc. My only option is to apply for a variation.

    thanks again
  • System
    System Posts: 178,423 Community Admin
    10,000 Posts Photogenic Name Dropper
    Definition of secondary education can be found in the Education Act 1966
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Child Maintenance is payable until age 20 under the CSA if your in receipt of child benefit.
    Has this changed under the new rules? Why I ask is that I paid until the September after the 19th birthday ie when Child Benefit ceased.
  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    MXW wrote: »
    Thanks for your reply. The court order has been in force since 2002. The courts decided to leave it under an order because of my ex husband's reluctance to pay it! I have been in and out of court all the time it has been in force because my ex has not paid it/reduced it etc. My only option is to apply for a variation.

    thanks again

    You can still go to the CSA who can now over rule the order. Is your ex employed? If so, and he does not pay, they can take direct from his salary. Any arrears that he racks up wont go away either, even if the kids were all grown up with a family of their own.
  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    NAR wrote: »
    Has this changed under the new rules? Why I ask is that I paid until the September after the 19th birthday ie when Child Benefit ceased.

    Yes, it changed in December.
  • MXW
    MXW Posts: 563 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    You can still go to the CSA who can now over rule the order. Is your ex employed? If so, and he does not pay, they can take direct from his salary. Any arrears that he racks up wont go away either, even if the kids were all grown up with a family of their own.
    Hi,

    Yes he does work, and earns a very good salary, although our children don't see any of it! It was left under a court order because my ex was covering up his actual earnings/assets etc. Under the court system he can be ordered by the judge to disclose the info. He has been in arrears many times and I have had to go to court over this, the courts make him set up a monthly direct debit for the arrears. It's hard work though, I can't afford a solicitor and have to put the case together myself and represent myself in court.
    Thanks for your reply.
  • MXW wrote: »
    Hi,

    Yes he does work, and earns a very good salary, although our children don't see any of it! It was left under a court order because my ex was covering up his actual earnings/assets etc. Under the court system he can be ordered by the judge to disclose the info. He has been in arrears many times and I have had to go to court over this, the courts make him set up a monthly direct debit for the arrears. It's hard work though, I can't afford a solicitor and have to put the case together myself and represent myself in court.
    Thanks for your reply.

    just wanted to say i think yr amazing to do this and best of luck ,what man wuldnt pay for his kids what a reject you and kids are better off with out him hun :T:A:A
  • pigpen
    pigpen Posts: 41,152 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you go through csa do it quick they are closing in 3 weeks and a new service which you have to pay for is taking its place.
    LB moment 10/06 Debt Free date 6/6/14
    Hope to be debt free until the day I die
    Mortgage-free Wannabee (05/08/30)
    6/6/14 £72,454.65 (5.65% int.)
    08/12/2023 £33602.00 (4.81% int.)
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