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child maintenance payments and apprenticeships - help please?

(9 Posts)
catkin14 Sat 18-Jul-15 15:36:22

My DS has just completed GCSE's and is now thinking of an apprenticeship rather than college.
My court order after divorce from exh states that payments be made until DS is 16 or 18 if in full time education.
As they get paid so little and apprenticeships are still 'education', does exh still have to pay me maintenance for DS?
As exh refused any contact with me and still does all our division of assets and care for DS was through the courts.
DS spends no nights with his DF.
thanks for any help.

Penfold007 Sat 18-Jul-15 16:07:49

Legally once your son leaves full time education his father has no obligation to continue paying maintenance. An apprenticeship isn't full time education. Sorry.

catkin14 Sat 18-Jul-15 17:28:28

Thanks I did wonder but there seems to be so much conflicting info on internet about it.
Some sites say that as he is being taught a skill it is still regarded as education.
And that also child benefit will continue untill he is 18 if on apprenticeship..

RandomMess Sat 18-Jul-15 17:30:45

Hmmm well as legally they have to stay in full time education until 18 then apprenticeships must count as education, even more so if they still get CB.

Have googled to see if there have been any court rulings yet about this?

RandomMess Sat 18-Jul-15 17:34:55

Looking at the CMS information if you are still eligible to get CB then you are still eligible to get CMS so if the court order isn't honoured then I guess you go to them and claim that way instead.

Heathcliff27 Sat 18-Jul-15 17:36:20

I got child maintenance for as long as I was entitled to child benefit.

When my son started his apprenticeship the child benefit stopped as it wasn't considered non advanced education. Non advanced would be going to college to re sit school exams eg.

My son managed to come to an agreement with his dad that he continued to pay the maintenance direct to him for the first year of his apprenticeship.

Viviennemary Sat 18-Jul-15 17:38:26

I think technically speaking apprenticeships are not counted as full time education. But you should be able to reach an agreement because he won't be earning nearly enough to be self supporting or even cover costs if he's living with you.

Penfold007 Sat 18-Jul-15 17:52:44

www.gov.uk/child-benefit-16-19
According to this link CB is only payable if the apprenticeship is unpaid. Fingers crossed I'm wrong and both CB and CSM are still payable as it does seem very wrong the your ex can stop supporting his child.

catkin14 Sat 18-Jul-15 20:35:16

Thanks all. It seems so unfair. Exh is a very high earner but I doubt he will help DS out at all, I know he feels he is paying too much for him atm.
But the apprenticeships pay so little wages, DS will never be able to survive on that and I earn only minimum wage also.
Dont know what to do really..thanks anyway

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