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XH and Maintenance in Further Education

(19 Posts)
SpongeBobJudgeyPants Fri 05-Aug-16 13:14:47

Ex husband has 'informed' me that he is not obliged to pay maintenance for DD18 from the point at which the Child Benefit stops, in September. She is hoping to go to uni then, grades permitting. Does this sound right, or should this carry on to 19, as my friend has suggested? I realise that at the point she is at uni it makes sense to pay directly to her, but I think he may be trying to scam me for about 3 weeks maintenance. He has form for being tighter than a budgies bum, so is he actually right? Divorce forms just say we have sorted out the financials ourselves. Silly me, I thought that he could behave properly when it came to his only child!
Have also posted in Lone Parents. TIA

Icantstopeatinglol Fri 05-Aug-16 13:26:41

By the Csa it runs up until they start higher education and runs alongside child benefit so when she starts university he is no longer liable for payments. Last payment would probably be August before she starts uni,

GasLightShining Fri 05-Aug-16 13:32:07

As far as I understand the rules it is up to 19 if they are in full time education. If this was the case you would still be able to claim child benefit. This allows for an extra year in education where the child either retakes GCSEs or changes course after the first year

Come September you would hope that he will contribute direct to your DD but I am sure there are plenty of threads on here where the father doesn't. She needs to be speaking to him now about what he is planning.

I hope I have explained this properly and good luck for result day.

GasLightShining Fri 05-Aug-16 13:34:20

Forgot to say my DS is going to university and I have had a letter from the Child Benefit office saying my last payment will be August. Would presume this is in line with the end of the academic year

Icantstopeatinglol Fri 05-Aug-16 13:34:27

Full time education is only as far as A levels, university is classed as higher education so uni is not classed as full time education. We're going through similar and have spoken to the Csa who have confirmed this is the case.

Penfold007 Fri 05-Aug-16 13:35:49

Once your DD is no longer in full time education your Ex no longer has to pay maintenance. University isn't full education, however, when she applies for grants and loans he will be expected to submit his financial details (as will you). He will be told how much he has to contribute but I'm not sure what happens if he refuses to pay.

prh47bridge Fri 05-Aug-16 13:37:00

Child maintenance (regardless of whether or not it is through the CSA) generally stops when the child is no longer eligible for Child Benefit. Beyond that point your daughter may be able to claim maintenance direct from your ex.

Icantstopeatinglol Fri 05-Aug-16 13:37:19

Penfold, I'm fairly sure it's only the parent the dd lives with who provides financial info in regard to grants and loans.

fightingback Fri 05-Aug-16 13:38:57

Is that a new thing Penfold?

DD went to Uni 5 years ago and we were never asked for ExH financial details. Her awards were based on our household income alone.

CSA payments definitely finished on Aug 31st.

GasLightShining Fri 05-Aug-16 13:47:05

Pretty sure as others have said that it's the income of the household where she lives.

It is worth remembering that although our income is used to assess what maintenance loans they get there is no legal obligation for any parent to contribute while they are at university.

Penfold007 Fri 05-Aug-16 14:11:47

I honestly thought that if the claimant was under 25 and depends financially on the non-resident parent (which she currently does) the income was taken into account.

^ Household income
Your household income is made up of your income plus the income of:

your parents, if you’re under 25 and live with them or depend on them financially
one of your parents and their partner, if you’re under 25 and live with them or depend on them financially^

Icantstopeatinglol Fri 05-Aug-16 14:14:34

^ Household income
Your household income is made up of your income plus the income of:

your parents, if you’re under 25 and live with them or depend on them financially
one of your parents and their partner, if you’re under 25 and live with them or depend on them financially^

I read this as both your parents if you live with 'them' (as in together) or one parent and their partner. So basically whoever you live with.

BaronessEllaSaturday Fri 05-Aug-16 14:22:03

Penfold007 The daughter isn't depending on her father she depends on her mother. The father provides some money to the mother to help but it is essentially the mother's money not the daughters so doesn't come into it for student finance.

Op he is right maintenance only applies as long as the child is entitled to child benefit unless you have a specific court order stating otherwise.

GasLightShining Fri 05-Aug-16 14:24:32

Definitely household which is why some DC have changed where they live so as to make it seem they are living with the lower earner.

I also found out that if your DC is under 25 but has three years of P60s and has earned over £8,000pa it their income that is taken into consideration not yours.

Obviously if they are 18 this isn't going to be the case but worth remembering if they have decided not to go but change their minds in their early 20s

SpongeBobJudgeyPants Fri 05-Aug-16 18:37:36

Ok, thanks everyone. Looks like he won't be paying then. We already had our income asessed for the loan, and she seems to be on full student loan, as we, unlike her tight-arsed father, are a low-income family.

mineofuselessinformation Fri 05-Aug-16 18:43:03

That's right, SpongeBob. All you can do is hope he does the decent thing and help out unlike my arse of an xh.

SpongeBobJudgeyPants Fri 05-Aug-16 18:59:05

Hope he does the decent haven't my XH, have you Mine. grin

Icantstopeatinglol Fri 05-Aug-16 19:25:51

At 18 tho she's classed as an adult and has the option to work or go to university. If she's chosen uni and is getting full loans she should be fine. I'm sure if stuck that's what parents are there for, to support but also she needs to learn to manage her money and get a part time job. That's what most people at uni do.

mineofuselessinformation Fri 05-Aug-16 20:08:57

Probably, spongebob, or maybe his twin! grin

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