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Divorce/separation

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When does child maintenance stop?

4 replies

OhChristFENTON · 18/05/2012 11:48

I'm talking about maintenance that is being paid direct to the child's mother and CSA have never been involved. It was agreed and set during the divorce settlement process and formed part of the order. (cannot locate the document at the moment)

The child is already 18 but is currently doing A levels at sixth form, turing 19 in December. I'm assuming the payments officially stop at the end of the term ie. July but wonder if it's actually the term following the 19th birthday.

Does anyone know please what is legally correct?

OP posts:
Collaborate · 18/05/2012 14:32

You'll have to look at the order. It will in all likelihood either say until the end of secondary education, or tertiary education (which usually means to end of first degree).

If to the end of secondary education, the child can (after reaching age 18) apploy for a maintenance order under the children act if they still are in education. The parent can apply to the court to extend the duration of a maintenance order if the child is not yet 18.

If the order isn't extended, although in theory there is nothing in law to make you pay, a parent who cuts off financial support when the child remains in education risks their child having to issue court proceedings against them - never pleasant.

OhChristFENTON · 18/05/2012 14:43

No, I quite agree. The intention is to continue to pay the maintenance that has been paid to the mother direct to the 'child' once at university - I wondered whether there could be any legal reason that the mother could object to this (as opposed to simply not liking it) if officially the maintenance 'order' for that child has ended.

I will have to root around in the loft for the document to take a closer look - thank you for your input Smile

OP posts:
Collaborate · 18/05/2012 15:30

It would be sensible to do that when the time comes, provided the order is silent as to maintenance after secondary education. The mother is highly unlikely to object if the same amount is still being paid, albeit to the child direct.

origamirose · 18/05/2012 16:29

Read the order. I don't know ur situation but my DP has an obligation to pay sone aspects of spousal maintenance (life insurance, health insurance, 50% of bonus payments) for as long as his company provides these benefits.

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