Child maintenance duration? Consent order...

[molsykins]

I’ve had consent order drafted and it states maintenance to be paid until child/s is 18 or ceasing full time secondary education. Whichever is later.

My argument is the second part is wrong.
Secondary education is 11-16. After this it is further education/tertiary, and CMS states on website up to 20 if in approved training/education.

She said her clause is standard on consent orders.

So he could take that as he stops paying at 18. Then id have to battle I expect!! Which seems ridiculous.

Very standard wording. If your dc goes into 6th form or college then they/you will receive maintenance (and child benefit, tax credits etc) untii the end of that academic year. Some kids will naturally be almost 19 by that point (September born), and there is some flexibility if they have to repeat a year or change courses (which will take September-born kids to almost 20).

It does not cover university/tertiary education. So yes, if your child stays on to college/6th form full time, then maintenance will be paid until they leave that setting.

Why do you think it should continue until your dc is 20? (not goady, my own dc are in the same position, I doubt their dad will contribute a penny once they leave school despite them still needing to eat, have a roof over their heads etc)

Why would you expect to be paid maintenance post 18? At that time they are a legal adult. Any money the other parent provides post that date should go directly to them.

From 18, your child will be an adult who can claim benefits or a student loan or join the workplace. Why would you expect maintenance as well?

Child maintenance is until they finish full time education, be it college or school. It doesn't include further education such as university as the dependant is no longer a dependant.

Can people not agree to cover university in agreements in the U.K? my parents child maintenance agreement included a provision that once I completed school, child maintenance would be paid directly to me while I remained a full-time university student in good standing for the standard duration of a degree.

Your consent order is your own document to agree so put whatever clauses in you want. Mine provides maintenance to the August following age 18 and then, if DS goes on into further education, the maintenance will continue to be paid to him until he leaves or reaches age 21.

Have you asked your ex and the solicitor about adding an extra clause about agreeing to pay towards tertiary education costs, perhaps directly to the child?

By the time dc is in tertiary education they may very well be living independently. Therefore child maintenance would not be due to the original resident parent. I believe arrangements to support an independent (adult) child cannot form part of a UK consent order (as it can be bypassed by an application to CMS after 12 months). It is up to the adult child to seek legal financial support from that parent after secondary education.

The key phrase here is dependent - after 18 they are deemed to be legally an adult and can apply for their own financial support. Although in reality they still cost a fortune to keep, even from afar! I don't expect my ex to contribute a single penny to me (legally this is fine and I'm taking steps to increase my income to balance this) or to my dc once they leave school/college at 18 (morally? meh)

I believe arrangements to support an independent (adult) child cannot form part of a UK consent order

I have a clause in mine for this, agreed through two sets of UK specialist divorce lawyers.

OP do you mean you are worried it will stop at 18 even if your child is still in year 13 because you don't class year 12 and year 13 as full time secondary education?

My exH has agreed to pay until mine are 21 if they are still living at home and not earning or contributing to the household. They still cost money and don't suddenly turn into money generating beings the minute they turn 18!