SD in sixth form just to retake 1 exam. She has now done that. Does she have to stay at school doing nothing?

[TenaLady]

Dh settlement in divorce was to pay a SUBSTANTIAL sum until she is 17 or goes onto further education.

She is 17 and has retaken the exam so we dont see the need to stay on at school (no other subjects to study)

What do we do, keep paying while she sits around and maybe or maybe not gets a place in college NEXT September or should we encourage her to get herself a job until she gets a placement, giving us a much needed break?

I'd encourage her to get a job.

Can anyone else think of any reason why she cant leave ( I mean is it compulsory to stay on although the exam has been sat and only awaits the result in March)

anyone, secondary teacher might know perhaps?

It is so difficult to get information when you are not the residential parent. I go as far to say that the school has made it very difficult to get reports etc.

They say you must go through the residential parent. Thats difficult if the partner is not prepared to cooperate particularly as she may lose an extra £400 per month child care.

?

The consent order probably says something like, "....[pay] periodical payments at the rate of £x per month until the child attains the age of 17(sometimes 18) years or completes full time education WHICHEVER IS THE LATER."

Therefore, if the child has finished education (and I'd be surprised if the school insists on her attending if she's sat that one outstanding exam), but is not yet 18, then maintenance is still payable.

If the age specified was 17, then once you have confirmation from the school that she's left, maintenance is no longer payable.

You do need to be careful, though, because sometimes the order will say "completes tertiary education". If that's the case then the mum will argue that maintenance is payable until the end of the first degree, notwithstanding that the child is to all intents and purposes on a gap year.

It would be worth faxing the consent order to your dh's solicitor (the file will be archived now) and ask him or her to advise your dh on the specifics of the order.

Smashing mumble, will check the order out and deal with accordingly.