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Hi,
I have just been notified by my ex-wife that my son will be continuing in non-advanced education for a 3rd year, what legal right do i have to verify this is a true statement, can i access this information directly from the learning provider before i commence with another year of child maintenance payments?
I pay via a family arrangement supported by the financial arrangement from my divorce (effectively a court order as i understand it) My son will turn 19 in October and be almost 20 when he completes this additional year, what mechanism protects me from my ex-wife fraudulently claiming from me and indeed fraudulently claiming benefits? Do i also have the right to be told by the learning provider when he stops education?
Any help would be much appreciated, thank you
Hi there
Unfortunately I don’t think the education authority/college has to share this information with you. You could try asking the college, but it’s likely they would refuse.
As long as your son is in full time, non advanced education, you will be liable to pay until he leaves, or reaches the age of 20, whichever comes first.
Best of luck
Mojo’s comments are correct.
Is your son at college? Remember that not all college courses are non-advanced. For example a HNC or HND would be classed as advanced. There is guidance on-line about this.
It sounds like the CMS aren’t involved with your maintenance payments. In that case I think you can just reasonably ask for details of the course your son is planning to start. If this isn’t forthcoming you could always threaten to withhold the payment until the info is provided.
Have a look at the on-line CMS calculator before you do so. If you believe you will be substantially worse off via the CMS if your ex raises a case then you might want to be more cautious in your approach. If the CMS calculator is better for you then you can act accordingly.
As I understand it any party can superseded a court order for child support after 1 year by making an application to the CMS.
It’s a tricky one this. Best of luck.
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