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Hi there, not sure if anyone can help. I have a 17 year old son on an apprenticeship earning over £700 a month, of which I believe he gives his Mum £200 (Obviously he is living with her). He goes to college one day a week.
She now tells me that I have to re-instate child maintenance payments for him.
Is that correct?
Hi There,
that doesn't sound right to me, it may be worth calling CMS and ask them
GTTS
Hello Notverybrite
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. In addition, if arrears have built up on a statutory child maintenance case, those arrears must still be paid, even if regular child maintenance payments have stopped.
If you have a family-based (mutual) arrangement in place at present, you have the freedom to decide between yourselves whether or not child maintenance is reinstated for your son. That is because these types of arrangements are non-legally binding, and you do not have to stick to any set rules or guidelines, as long as you both agree.
However, if you have a statutory case with either the Child Support Agency or the Child Maintenance Service, I have outlined the guidelines below:
Generally, if Child Benefit is being received, then there is still a child maintenance requirement. 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 classroom 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
When a child is in advanced or higher education, they will no longer qualify for child maintenance through the statutory service. Some examples of advanced and higher education are:
• Degree
• NVQ level 4 and above
• DHE
• HND
• National Higher Certificates (NHCs) and Higher National Diplomas (HNDs)
• SCTVEC, HNC, HND
• Teacher Training
For more information about when child maintenance stops, you may wish to visit the Gov.UK website by clicking here: https://www.gov.uk/when-child-maintenance-payments-stop.
You may be interested to know that the Department for Work and Pensions (DWP) have a website, Sorting out Separation. It aims to make it much easier when you are separated to find the support you need, when and where you need it on a range of concerns, including, money, housing, employment, legal and parenting apart. You can view the website at https://www.sortingoutseparation.org.uk/.
Kind Regards
William
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