Child Maintenance End Date

Needhelp45

Hi folks, my son's child maintenance payments are due to end when my son 'ceases full time secondary education' according to our divorce settlement My ex husband is 'chomping at the bit' to stop his payments - he already cancelled when he turned 18, but I pointed out the divorce agreement. He then wanted to cancel when he got a parent email from school staying the y13 students had left now school - basically just study leave pre A levels. I explained no he was still in education.  He has now repeatedly asked our son if his exams have finished, which they have now.  I'm anticipating he will now cancel his payments although school term doesn't finish until end of July. In fact a friend in similar circumstances told me he doesn't officially leave school until the end of academic year 31st August, as with the child benefit payments. Can anyone confirm which it is and where I stand legally on this if he just stops paying now? 
 
Thank you

tightauldgit

There's been a few threads on this and while the standard advice seems to be that child maintenance payments stop when child benefit stops I've yet to be able to find any legislation that states that explicitly. 

Since it seems that your maintenance is governed by a court order rather than CMS then what matters is what the order says - and it seems that your wording is vague enough to be questionable. You can make a case to say it's when the exams finish, or when the term finishes. The other question would be if he stops it a few days early is it going to be worth the cost of an enforcement order to challenge payment for the extra days?

For me, if I was paying something until someone ceases full-time education I would say it's the last day they are required to attend in order to fulfill their educational requirements but I can't speak to what the courts normally apply. 

Needhelp45

tightauldgit said:

There's been a few threads on this and while the standard advice seems to be that child maintenance payments stop when child benefit stops I've yet to be able to find any legislation that states that explicitly. 

Since it seems that your maintenance is governed by a court order rather than CMS then what matters is what the order says - and it seems that your wording is vague enough to be questionable. You can make a case to say it's when the exams finish, or when the term finishes. The other question would be if he stops it a few days early is it going to be worth the cost of an enforcement order to challenge payment for the extra days?

For me, if I was paying something until someone ceases full-time education I would say it's the last day they are required to attend in order to fulfill their educational requirements but I can't speak to what the courts normally apply. 

Thank you. Yes it does seem ridiculously vague.  I wouldn't be worried about him stopping it a few days early,, but 2.5 months is concerning. I'm low income and have a lot to pay for to get him equipped for uni,  dental and opticians appointments at full adult cost, new glasses, replacement clothes/shoes etc. I'll then be providing financial support when he goes to uni, so I'm hoping not to eat into savings before hand.  I can't get my head around how a parent with a good income could just want to stop supporting their child, he certain didn't with his older two. 

I have now spoken to the solicitor who originally wrote our agreement and he said it should be end of academic year 31st of August, as he's going to uni not going out to work, as per child support and Child Benefit, but he did agree it could be argued as the end of term (Perhaps I should ask him for a refund using ambiguous wording!) Anyway I'll try putting that to my ex to preempt him just cancelling his DD now. 
Anyway thanks for your insights

Spendless

Needhelp45 said:

tightauldgit said:

There's been a few threads on this and while the standard advice seems to be that child maintenance payments stop when child benefit stops I've yet to be able to find any legislation that states that explicitly. 

Since it seems that your maintenance is governed by a court order rather than CMS then what matters is what the order says - and it seems that your wording is vague enough to be questionable. You can make a case to say it's when the exams finish, or when the term finishes. The other question would be if he stops it a few days early is it going to be worth the cost of an enforcement order to challenge payment for the extra days?

For me, if I was paying something until someone ceases full-time education I would say it's the last day they are required to attend in order to fulfill their educational requirements but I can't speak to what the courts normally apply. 

Thank you. Yes it does seem ridiculously vague.  I wouldn't be worried about him stopping it a few days early,, but 2.5 months is concerning. I'm low income and have a lot to pay for to get him equipped for uni,  dental and opticians appointments at full adult cost, new glasses, replacement clothes/shoes etc. I'll then be providing financial support when he goes to uni, so I'm hoping not to eat into savings before hand.  I can't get my head around how a parent with a good income could just want to stop supporting their child, he certain didn't with his older two. 

I have now spoken to the solicitor who originally wrote our agreement and he said it should be end of academic year 31st of August, as he's going to uni not going out to work, as per child support and Child Benefit, but he did agree it could be argued as the end of term (Perhaps I should ask him for a refund using ambiguous wording!) Anyway I'll try putting that to my ex to preempt him just cancelling his DD now. 
Anyway thanks for your insights

If he's still got an NHS dentist don't worry about dental costs
 https://www.nhs.uk/nhs-services/dentists/who-is-entitled-to-free-nhs-dental-treatment-in-england/

You do not have to pay for NHS dental services if you're:

• under 18, or under 19 and in full-time education

free until 19th birthday if they're in f-time education, which Uni is.

 Might be worth checking with dentists how they define f-time education when finishing sixth form or wait till he's started Uni. I'd also ask the same question of the opticians and if he's currently  still classed as a student then get the appointment quickly. 

moose68

Hi all, I'm paying parent in a CMS case in Scotland. My child turned 18 end of last year (2024) and is attending approved education in college. He officially finishes his course on 16th May this year and is applying for University, which if works out, will be in September this year. My understanding is that the CMS case will close when the residential parent stops getting child benefit. Will that be in May, or after he starts University? 

Northern_Wanderer

When the young person leaves non-advanced further education, Child Benefit is paid upto and including the week of what is known as the "terminal date". Does your son have exams in May? From what I am reading, the terminal date (Scotland) will be the last day in May or the last day in August.

sheramber

When approved education or training ends

When your child leaves approved education or training, payments will stop at the end of February, 31 May, 31 August or 30 November (whichever comes first)

https://www.gov.uk/child-benefit-16-19