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My son 18 years old has just completed a 2year Level 3 course at his local college. Unlike his siblings who have gone onto University he is now doing a further level 2 course for the next year? I had an voluntary agreement with my ex wife that I would pay maintenance for my 4 kids up until they finished college. 3 of those kids have now got jobs/at uni and I didn't drop the amount I paid under the understanding it would all finish at the end of my youngest FE. She's now demanding I carry on paying as he is doing more than 12 hrs study? along with working p/t
Hi there
As you have a voluntary or family based arrangement its up to you both to negotiate the terms of any payment schedule.
Under the CMS statutory rules maintenance is payable u til 16 or up to the age of 20 if the child is in full time, non advanced education, or child benefit is being paid. Full time is anything over 12 hrs a week and part time work up to 24hrs a week is allowed. So under those rules youwould still be liable to pay maintenance.
However as you had a private agreement that you continued to pay the full amount for all the children, even when you longer needed to it does seem unfair. Perhaps you could reduce the amount and not pay anything further for the other three children? The CMS calculation for one child is 12% of gross income with recuction if paying into a pension. Or for any overnight stays the child spends with you.
Best of luck
Hello Pedro1
Just to reiterate what Mojo has already told you. As you have a family-based arrangement in place, there are no set rules for you to follow, so it is up to the two of you to decide how much is paid and when your arrangement comes to an end.
Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September. The definition of full-time education is more than 12 hours a week of study, on a course up to and including A level standard. Some examples of non-advanced education are:
- GCE, GCSE, A level, AS level
- SCE Higher Grade or equivalent
- GNVQ, NVQ levels 1 2 and 3
- BTEC certificates and diplomas
- SCOTVEC National Certificate
- Scottish Certificate of 6th Year Studies
- Foundation Arts Course
- Secretarial Course with GCSE entry
- NNEB
- Hairdressing Courses
If you were to set up a case with the Child Maintenance Service, they would work out your payments based on your child who is still in full-time, non-advanced education only, so the amount you have been paying would be reduced.
If you would like more information about the options available for setting up maintenance arrangements and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.org.
Regards
William
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