[Solved] Child Maintenance - Cut off Age for Scotland

I am in a similar situation - I live in Scotland and my daughter turns 19 in March 2013 and is at College - I would also be interested to know the answer to this

Here is a response I received from Citizens Advice on the matter:-

"from December last year a person can be a ‘qualifying child’ for child support purposes up to the age of 20 if they are in full time, non-advanced education. This is the case unless the young person is or has been married or is in receipt of certain income-based benefits in their own right.

If a young person leaves full-time, non-advanced education before reaching 20 then they continue to count as a qualifying child up to a specified date after the end of their course – their ‘terminal date’ – which is in the May, August or November after their course ends. This is unless they reach the age of 20 before their terminal date".

Hope this helps answer the question - I will be bringing this matter to the attention of my MP because the change in law now means I will have to pay £4,800.00 for the year 2013/14 which I did not expect! - this is not fair!!!!! 😡

Tommy

I would suggest that if your son is at University then this is "advanced education" and you should not have to pay - I would suggest you speak to citizens advice and make reference to the above quote

I would also check the wording of the CSA order over as it can be quite vauge as to when the money should stop as further education could go on for years (PHDs etc) Normally just covers the first degree but you need to be sure. I'd also see if it's possible to pay your child direct during this than use the CSA

just been told the son goes to stow collage. a 19 year old boy at collage. my dad stop giving me money when i was 16 years old and told to get a job?????
a 19 year old boy with out a job? its great i been work since i was 14 years old?

On your side here Tommy - I am in the same situation - my ex-wife has made sure my daughter has only been involved in "non-advanced" education so that I still have to pay - I have three other sons/daughters all of whom have never needed child support passed the age of 16!

This change in the law can only be as a result of the Government not wanting to pay out job seekers or other types of income related benefit until after someone is over 20 years old - it is ridiculous to consider someone at 19/20 years old as a "child"

"non-advanced" education????? this means. big words or just words to use in away that mean you still have to pay/

i am 35 years old and i have been pay this for a big mistake since i was 15 years old. i was still at school and did not have a say in anything that happen? now i cant get married this year. its just holding back my life.
and she is making sure i pay for this... but she has 1 more kid to one of guy which dose not pay child support money to her?
thats not rigth

This is what I have been able to establish:-

'Non-advanced' education includes the following:
GCSEs
A levels
NVQ/SVQ level 1, 2 or 3
BTEC National Diploma, National Certificate and 1st Diploma
SCE higher grade or similar
This isn't a complete list. If you're not sure whether your child's education counts, you can contact the Child Benefit Office for further advice.

If you son is a Stow College it may be that he is doing one of the above - but you need to find out - do you know if Child Benefit is still paid to your ex? - this seems to have a bearing on if they are classed as a "child"

not sure about the child benefits or how to find this out. can you tell me what this means?

i have all ways payed the money to the child support, but now i am just fed up getting builly by them. i phone csa last aug and they told me that i just had to pay until he was 19. the child support really do not now what they are donig. this new law was put in place 2011. i called aug 2012. any help would be geat, i have no to heip me. all i get told is just keep paying

it changed to age 20 on 10th December I'm afraid..

Here are two responses I have received (so far) from Members of the Scottish Government (MSPs):-

Scottish Labour MSP say - Thank you for your email in regard to the changing rules for child maintenance.

"This change came into being due to changing circumstances for our young people as compared to previous generations. Many more of our young people now continue with full time education well into their twenties or are forced to remain in their parental home for longer than has been the norm in the past. This has put a considerable financial strain on the majority of parents and this change in rules merely reflects that reality."

Scottish Independent MSP says:-

"Thank you for your e-mail regarding the changes being made to child support payments. As you have noted, a number of changes are in the process of being made in relation to child support payments, including the extension of eligibility. These changes are being made as part of a wider set of reforms in all aspects of welfare by the Coalition Government in Westminster.

Although welfare policy would be set by whichever political party or parties are in Government in an independent Scotland, I do not believe that any party likely to be in Government would allow such a cold and distant system to continue. 81% of Scotland’s MPs voted against Westminster’s most recent changes to the welfare system, but 55% of the rest of the House of Commons voted in support, displaying the differences in priorities and interests between Scotland and the rest of the UK"

I am unhappy with the change in the law and while I appreciate there is nothing I can do about it just now, I can use my vote, and encourage others to vote for politicians who live in the real world

Stewart
Thank you for the above information. I have composed a letter for the CSA today that I plan to send recorded delivery tomorrow. I have enclosed with my letter screen dumps from my son's facebook page as it clearly states that he has finished college as of July 2011. What I don't know is if he has continued onto an 'advanced' college course. However, using the information you gave me the other day I realise that I should not be funding an 'advanced' course. I have asked the CSA to get back to me within ten working days from receipt of my letter so I will see what comes back.
I can't thank you enough for all the information you have provided me with it has been invaluable.
Thank you

hi stewart?

any help with this. i should have stop paying child support sep 2010. but i have still been paying untill jan 2013.
but the csa are now telling me that i should have been paying more in what i was paying? csa are now making me pay the back dated money. any info or help you could give me.

thanks

So if a person boy or girl goes to college and are receiving grants from the government the parent still has to pay CSM until the child is 20 year old , well I think answer should be in the title child support maintenance at what age does a child become an adult ?? My understanding under criminal law it’s over the age of 16 this could be 18 I am not entirely sure however I know it’s not 20 this in my view is a form of legal extortion by the agency backed up by threats if not paid, tell me if I have wrote any lies, ????

I totally agree with you Smithster

Since when was 20 classed as a child?

And for those men who thought they had finally finished paying last year at 18 now have another 2 years left!

Although the vast majority of Scottish MPs voted against this the Westminster Government decided to impose this law on the whole of the UK - for Child Support Purposes a child can be a child till they are 20 years old - yet another reason why a Yes vote and independence is important for the Scottish People - they will then be able to decide what laws are best for Scotland.

@bill337 Thanks for this, and for your very quick reply. It's a minefield trying to navigate all the conflicting sources of information on the net. His mum isn't going to like this and I'm sure she'll throw the book at me with everything at her disposal (she hasn't worked in 15 years so she'll be entitled to legal aid) We've had our own agreement on CM for almost 20 years and I haven't missed a beat, all paid by standing order through bank on the same time every month, so we've never had to go near CMS. Got a feeling I'm gonna hear from them when I stop the money next month though