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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20862
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am paying child support to the CSA for my son from a previous

Customer Question

I am paying child support to the CSA for my son from a previous marriage. He was 18 in March 2012. He has started some kind of non-university education which means I have to keep on paying for him. Until the end of October I only had to pay until he turns 19 (March 2013). I have now been informed that from 1 November 2102, if he stays in this education, I have to carry on paying until he is 20 years old (March 2014). In my day, a 19 year old was classed as an adult. Is there any way I can get out of paying this money to a young man I have not seen for years and who should be out in the real world along with the rest of us?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Stuart J replied 2 years ago.
What does the order say exactly?
Customer: replied 2 years ago.


I am not sure what you mean by an order? I have a schedule of monthly payment from the CSA. They send me this once a year based on my tax return as a selfemployed person. The have taken into account that I have two children from my current marriage. I have just queried the education status of the 18 year old I am paying maintenance for and the say that his mother is still receiving child alowance and therfore he must still be in full time non-advanced education. I said OK then I will stop payinng in March next year. The advisor said maybe not because from the end of October the regulations change so that I have to keep paying until he turns 20 if he stays in this kind of education.

Customer: replied 2 years ago.


I don't know what you mean by an order. I pay a monthly amount. The CSA give me a schedule fo a year based on my tax return as a selfemployed person. They have taken into account the two children I have from my current marriage. I phoned the CSA to check the education status of the 18 year old and was told that his mother still receives child support payment so he must be in full time non-advanced education. I asid I wiuld stop paying on his 19th birthday and they said no. The new regulation comes into force at the end of October 2102 that I have to keep paying until he is 20 if he stays in this education

Expert:  Stuart J replied 2 years ago.

Some nonuniversity courses are advanced and some nonadvanced. Full-time for CSA purposes is 12 hours or more.

What exactly is the course?

Customer: replied 2 years ago.

I have no idea. I have not had contact with him or his mother for over 5 years except for a note in July from his mother to say that he was going on to a course in September 2012 and I would still be liable to pay for him. I phoned the CSA in September and they said that his mother was still entitled to claim child allowance for him which means, in their eyes his education qualifies for me to have to pay him and they spoke to his mother who confirmed that he was on a course. That is all the detail they would give me.

Customer: replied 2 years ago.


As I said in another reply -I don't know. I do not have contact. All I had was a note from his mother in July to say that he would be starting a course in September and I would be liable for his payments. I checked with the CSA in September. They said that his mother was still claiming child allowance and they telephoned her to confirm that he was on a course. In their books they are satisfied that he is still entitled to maintenance payments from me. They would not give me any more information and told me of the cahnge in regulation from 1 November 2102

Expert:  Stuart J replied 2 years ago.

I ran this past the colleague and for the time being, child benefit payment age and CSA payments age are different. The CSA age remains at 19.

There are moves afoot to change the CSA, aged 20 , but they are not yet implemented. Both the child benefit and CSA websites

reflect the above

Advanced education courses include:

a degree
Diploma of Higher Education (DHE)
NVQ level 4 or above
BTEC Higher National Certificate (HNC) or Higher National Diploma (HND)
teacher training

'Non-advanced' education includes the following:

GCSEs
A levels
NVQ/SVQ level 1, 2 or 3
BTEC National Diploma, National Certificate and 1st Diploma
SCE higher grade or similar

Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20862
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.


I have been told over the telephone by the CSA today that the regulation changes from 1 November 2012. I will be liable to pay for non advanced education until age 20 years

Expert:  Stuart J replied 2 years ago.
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Customer: replied 2 years ago.


I hope this is not the truth. I have not had anything in writing and I have not heard anything in the media. As far as the course goes the CSA will not investigate further. They are satisfied with the combination of his mother's phone call and the fact that she is receiving child allowance for him. They have no inclination to give me any more details. What are my options now? To go to a private detective at great expense? I don't even know where they live and have no desire to speak to them as I nearly took out a harassment order against them five years ago because they kept on demanding more money over and above the CSA payments they were getting.

Customer: replied 2 years ago.
Relist: Incomplete answer.
Is it true that the CSA regulations change at the end of October 2012 in that I will have to pay maintenance until he is 20 years old if he stays in full time (12 hours per week or more)non advanced education?
Expert:  Wendy-Mod replied 2 years ago.
Hi, I’m a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Please keep searching
Thank you
Expert:  Fran-mod replied 2 years ago.
Thank you for your patience, your business is very important to us, we are waiting on another Professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a Professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 2 years ago.
Please keep searching. I will wait for a answer. Please try to find someone who has a lot of recent experience dealing with the CSA. The CSA seem concerned only with collecting money but not seeing that it is going to the right place
Customer: replied 2 years ago.

Please keep searching but tell me honestly what are the chances now of finding someone else?


 

Expert:  Fran-mod replied 2 years ago.
Unfortunately we have exhausted all our efforts to find a Professional to answer your question.

Please accept our sincere apology.
Customer: replied 2 years ago.

I am not happy with that. I expected more


 

Expert:  Stuart J replied 2 years ago.
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Customer: replied 2 years ago.


Your expert said that he had no faith in what the CSA say. I would have thought that an expert would know where to find the regulation from whichever goverment department these regulations emanate from. The CSA do not issue the regulations they only implement them and not very well at that.

Expert:  Clare replied 2 years ago.
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Customer: replied 2 years ago.

Thank you

Expert:  Clare replied 2 years ago.
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Customer: replied 2 years ago.


I have contacted an agent. As this person is 18 and an "adult" I cannot approach a college to make enquiries as a parent. They will need to do surveilance at a cost of £45.00 per hour. This is too much for me. Is there any other way of finding out.


 


Regards,


Iain Johnstone

Expert:  Clare replied 2 years ago.
HI
Ouch.
I take it you have no idea where he lives at all?
Claire
Customer: replied 2 years ago.


I have been able to find his address from the electoral register. I also know the course has something to do with lighting and sound for theatre.


 


Regards,


Iain Johnstone

Expert:  Clare replied 2 years ago.
Hi
have you got a list of possible courses from local colleges?
Claire
Customer: replied 2 years ago.


Yes I have.


Iain

Expert:  Clare replied 2 years ago.
Hi
Have you asked the enquiry agent to run a credit check on the young man?
Claire
Customer: replied 2 years ago.


No. What will that acheive?

Expert:  Clare replied 2 years ago.
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Stuart J
Stuart J
Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice