When does Child Maintenance stop?

MissMoneypenny

Mr_Green_Genes wrote: »

I have always understood the court to be the Family Court. As to how the application is made, to help the court, it would be as well to provide as much information as possible, so the same information as is need for a CSA claim would probably be a good starting point.

Plus evidence that they are going on to further education?

I had a Court Order on my ex for my children, which was then Registered in my ex's local magistrates' court because he was a late payer. The magistrates' court asked for a letter from the university confirming that the child had a place there and the start date and finish date of the entire degree, so they could keep the court order running.

welshcakes

MissMP

Was your maintenance a CSA case that you successfully kept 'alive' for the Uni duration direct to you as the PWC ie a continuance of payments to you as oppose to your Uni child having to make a fresh application upon entering Uni?

Oldernotwiser

lindens wrote: »

My 16 yr DS lives with his dad and I pay voluntary maintenance as he is at college full time doing a BTEC. He has an interview tomorrow to go for a modern apprenticeship where he works 4 days and attends college 1 day to get his HNC. I presume If he gets this I don't have to pay maintenance any more?
Have been on the CSA website which is as useful as a chocolate teapot, no way will I ring them!!
Hope someone has experience of this!!

Coming back to your query. He's unlikely to be starting an HNC at 16 (although he may well go on to do so) as this is a level 4 course, roughly equivalent to the first year of a degree. This counts as Higher Education. I don't know much about child support but you may need to have the educational bit straight. What level BTEC is he studying at the moment?

MissMoneypenny

welshcakes wrote: »

MissMP

Was your maintenance a CSA case that you successfully kept 'alive' for the Uni duration direct to you as the PWC ie a continuance of payments to you as oppose to your Uni child having to make a fresh application upon entering Uni?

No, sorry, it was a Court Order from the start, which I then had Registered in the Magistrates' Court as my ex was getting further and further behind with his weekly maintenance payments. The Registration meant that he had to pay the Courts instead of me, so he couldn't pay late anymore as they could send in the bailiffs to collect the debt. My solicitor had advised me from the start to use the courts as they had more power than the CSA.

I was just mentioning about getting evidence from the university, for children taking their NRP to court, as this was what I was asked to provide to the Courts to prove my children had a place at University (plus start date and end date of the degree). In my case, the original Court Order/Registration just continued until my youngest left University.

MissMP

Mr_Green_Genes

MissMoneypenny wrote: »

Plus evidence that they are going on to further education?

I should imagine so. The law states " if it appears to the court....." so if you had something like a letter of acceptance from the college or university that would strengthen the case enormously.

affordmylife

Thats really interesting. I wonder could you help me answer a very similar question then. My son has jut turned 17 and is still in full time education A levels at school. Our court order states until he is 17. My ex husband has stopped paying as son has reached 17 but the boy is still at school so Im seriously out of pocket. Is this right? Please help?

Donedoingdebt

Exactly the same situation as my Wife with her ex Husband. Upon asking the court the same question, she was told that the current case will close on her Son's 17th birthday. Her Son will then have to make an application to the court by himself to claim maintenance from his Father. Bear in mind, that he can also put in a claim to the court for maintenance from his Mother!

kelloggs36

If the child is 17 and still in FTE there is nothing stopping the CSA from making an assessment which will last until they are out of FTE or their 19th birthday if it comes first.

Can a child make an application (after the age of 18) against either parent, or does it have to be from both? My daughter is going to Uni in September and wants to put in a claim against her father to maintain her for this period but is concerned that she may have to claim against me too, yet I have been assessed by the Council and she gets a partial grant due to the household income being low enough (I too am a full-time student in Uni and so have no income of my own). Can anybody help here? What forms does she need? I have rang the Family Division of the Court and they know nothing about what I am talking.

Donedoingdebt

kelloggs36 wrote: »

If the child is 17 and still in FTE there is nothing stopping the CSA from making an assessment which will last until they are out of FTE or their 19th birthday if it comes first.

Can a child make an application (after the age of 18) against either parent, or does it have to be from both? My daughter is going to Uni in September and wants to put in a claim against her father to maintain her for this period but is concerned that she may have to claim against me too, yet I have been assessed by the Council and she gets a partial grant due to the household income being low enough (I too am a full-time student in Uni and so have no income of my own). Can anybody help here? What forms does she need? I have rang the Family Division of the Court and they know nothing about what I am talking.

I can't help you with which forms etc at the moment. My Wife's case was heard at County Court level as her ex kept on defaulting on the original Family Court judgement. The Lady on the bench clearly stated that her son could put in a claim against his Father on reaching 17. There was no mention of him having to claim against his Mother as part of the same case. But, he is able to put in an independent claim against his Mum if he so wishes.

Mr_Green_Genes

For the avoidance of doubt, here is the relevant part of the Children Act. Schedule 1, Paragraph 2.

"2.—(1) If, on an application by a person who has reached the age of eighteen, it appears to the court—

(a) that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b) that there are special circumstances which justify the making of an order under this paragraph,

the court may make one or both of the orders mentioned in sub-paragraph (2).

(2) The orders are—

(a) an order requiring either or both of the applicant's parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;

(b) an order requiring either or both of the applicant's parents to pay to the applicant such lump sum as may be so specified."