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Hi.
My child is 19 in July.
She is currently working non standard weekly hours, (not sure of the average hours per week)
She is doing an distance NVQ Level 2 course.
Am I still liable to pay her mom child maintenance?
I have received notification from the Child Maintenance department that I have to still pay.
I have no problem supporting my child financially, especially if she's getting a better education but I hate giving the money to her mom as she spends it on herself.
I would love to give my child money for things directly but can't as it goes to her mother and therefore misses out.
My child also spends a quite a lot of time staying at friends.
At some point the enforcement of money to the mother has to stop but when?
I'm desperate to help my child directly.
I think that you are probably still liable to pay maintenance, though it depends on the hours she is working. Bear in mind that maintenance doesn't just cover direct costs of providing for your daughter, but also costs for providing a home and utilities.
Hello JC6743
Current child support legislation states that 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.
Full-time non-advanced education is classed as more than 12 hours a week of study, on a course up to and including A level standard. I have provided some examples of non-advanced education below, and the NVQ level 2 is included.
• 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
Once your child leaves full-time education or progresses into 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
If your maintenance has been arranged through the Child Maintenance Service or the Child Support Agency, then these are the rules that would apply.
Despite the above, some parents have their maintenance arranged mutually between themselves. This is what is usually referred to as a family-based arrangement. These types of arrangements are flexible, and are not legally binding. This means that, should you have such an arrangement in place, you have the freedom to decide between yourselves when you think maintenance should stop for your children, and who it should be paid to (either your child or the other parent).
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 any further information about child maintenance, and to receive a more personalized service, you can contact Child Maintenance Options directly.
Regards
William
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