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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Ex has ended maintenance - is Art Foundation Secondary or Further Education?

29 replies

Hettyispink · 03/08/2020 17:37

My daughter turned 18 last month, has just done 3 Art A Levels and will be doing Art Foundation next year, before applying to University to do Graphics. This is the usual path into an art degree (to build her portfolio etc). I had always thought this year would be a part of her Secondary Education.

My Ex husband has stopped her maintenance payments, which will leave me with a large shortfall for a year. He’s phoned the college and the receptionist told him Art Foundation is Further Education, not Secondary.

I’m now overdrawn - as I didn’t see this coming - not sure what to do.

OP posts:
Ohffs66 · 03/08/2020 18:08

I'm fairly sure anything beyond A Levels is classed as FE so I think technically he can just stop the maintenance. He may be happy to give your DD money to help her through her studies, but as far as I'm aware his legal obligation to pay maintenance to you has ceased. Unless anyone with direct experience of this knows otherwise, I'm happy to be wrong!

FredaFox · 03/08/2020 18:11

I agree with @Ohffs66 I think while he could have given you notice to confirm it’s stopping he is correct sadly for you
What were you planning on doing when she goes to uni?

NC4Now · 03/08/2020 18:12

Maintenance is supposed to last till 20 if they are in full time education - either to you, or directly to them if they’ve left home.

WatchingFromTheWings · 03/08/2020 18:13

Yep, A-levels or equivalent is as high a qualification that maintenance is payable for. Maybe he'd be willing to support your daughter directly?

TitianaTitsling · 03/08/2020 18:14

Is she able to claim student finance?

Yellowfeather · 03/08/2020 18:16

Yes, art foundation counts as an extra year of sixth form in terms of funding, rather than higher education.

Yellowfeather · 03/08/2020 18:18

And my understanding is that you can't get a student loan for living costs or housing. I looked into this for my DD last year, and she went into the first year of a degree instead.

Unescorted · 03/08/2020 18:19

As an aside - my DD is also doing 3 x Art A levels and has gone straight onto 1st year Fine Art BA. It might be worth looking at what is available through clearing.

W00t · 03/08/2020 18:20

Foundation is FE, but I thought one did it before A Levels?

Yellowfeather · 03/08/2020 18:23

No, it is after A levels and before a degree, although lots of creative degrees don't need it.

SoddingWeddings · 03/08/2020 18:25

Definitely FE I'm afraid.

itisntfriday0000000000l · 03/08/2020 18:28

Will your child benefit stop? If this is the case and it does, then it’s normally the case the CMS stops as well.

How much does the course cost? If it’s free (like a levels) then maintenance would still be In place as well....

itisntfriday0000000000l · 03/08/2020 18:29

Also is it a diploma? I suspect it is.... and that means it’s further not secondary

NoemiaElara · 03/08/2020 18:38

Yes it's a diploma. It's further education.

Bemorechicken · 03/08/2020 18:42

My court order says through full time education -what does yours say?
Cut and pasted:
Generally, in cases where separated spouses cannot reach an agreement about finances the court can only approve a child maintenance agreement rather than impose a child maintenance order. If a child is at university they do not qualify for maintenance through the Child Maintenance Service and as a general rule the court will not make an order to support them.

There is an important exception however. If a child is over 18 and ‘receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment’ one parent can seek an order from their spouse for provision to be made in a court order to pay towards university fees. In reality, this means your child could be working full-time as well as studying and you could still be expected to support your child’s education. The court still needs to take into consideration the various factors required by law before making an order to pay university fees but it is still worth remembering.

Or ask her to ask him to help!

Hettyispink · 03/08/2020 19:10

The course is free and I’ve had confirmation from the HMRC that she’s remaining in education - so her child benefit and tax credits will continue.

I’ve asked him to help for another year and he won’t.

He’s said he might give her an allowance - but this is a very mean man we are dealing with here - what he means really will only amount to pocket money.

The plan was/is to apply to university and for her to have a student loan AFTER this year.

OP posts:
Hettyispink · 03/08/2020 19:13

There’s a bursary we can apply for - which covers transport, equipment and possibly a lunch allowance. There’s no guarantee I’ll get this.

I’m currently waiting on a definitive answer from the college about whether this is classified as secondary or higher education. Some people retake an a Level or two while doing foundation.

OP posts:
Hettyispink · 03/08/2020 19:16

@Unescorted Yes - we are now looking at clearing as an option. She’s not keen, feels she needs an extra year.

OP posts:
titchy · 03/08/2020 19:18

It's further education, but A levels taken at a college are also FE. Its a level 3 qualification, the same as A levels or a BTEC. Given that he's agreed to support her at Level 3, I'd have thought the spirit of the court order would require him to fund this extra year as well.

ArriettyJones · 03/08/2020 19:20

A level or equivalent is FE. The alternative (uni level) is HE.

I always though art foundation is as HE.

gnomeisland · 03/08/2020 19:26

Art Foundation is FE, the same as A Levels.
Titchy is spot on.

gnomeisland · 03/08/2020 19:32

She can progress to a Graphics Degree straight from A Level these days. Foundation is being phased out in many Universities.
But the difference between students with a years Foundation behind them and those coming straight from A Levels is tangible at Degree level. It's a fantastic extra years art education with a really expansive outlook, without the need to take out loans. I would highly recommend it if you can stretch to it.

T00FarT0Travel · 04/08/2020 08:31

It's difficult times, your DD could try to get a part time job while she is studying

dontdisturbmenow · 04/08/2020 13:19

I thought Foundation were for those who didn't have A levels or not the A levels required for the degree they want to pursue.

Why would she do this Foundation course if she doesn't need it for Uni?

ArriettyJones · 04/08/2020 13:25

Art Foundation is different from the modern foundation years @dontdisturbmenow.

The integrated foundation years are like Access courses but tagged onto the start of a degree and funded through student finance.

Art Foundation, OTOH, has been a thing for decades, originally to develop a broader and better portfolio before going on to study Fine Art.