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When does maintenance stop and is the resident parent obliged to tell the non resident parent of any changes regarding the childs schooling/college or university?
Hello Steak
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.
Anyone aged 16 or 17 who is not in education, is not working, and does not receive employment related benefits, is also defined as a child.
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 the 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
Despite the above, if you have a mutual arrangement (what we would refer to as a family-based arrangement) you have the freedom to decide between yourselves when you think maintenance should stop for your children. You can also decide to provide further support for your children after maintenance has ended, however you both wish to do so. This is because these types of arrangement are non-legally binding, so they can be very flexible.
If you feel that there have been changes regarding your child's educational arrangements that you have not been informed of, you may wish to seek legal advice for further guidance.
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/.
If you would like to receive a more personalized service, you can contact Child Maintenance Options directly.
Regards
William
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