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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33027
Experience:  25 years experience of all aspects of family law
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hello there, in my consent order it states I pay in accord

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hello there,
in my consent order it states I pay in accord with prevailing legislation until the 'child is 18, or remaining in full time secondary education'.
Given the child was 18 recently and that Y13 last day of term is 13 May. ( Exams are in June / July I believe.) The school typically closes mid July for students Y12 and below.
According to HM Customs CCM18030 'Full Time Education' is "education undertaken in pursuit of a course, where an average of more than 12 hours per week is spent during term time
>receiving tuition
>engaging in practical work
>receiving supervised study
>taking examinations
This does not include time spent on meal breaks or unsupervised study"
As such would a court agree that I can stop payment ( pro-rata for the month ) on 13 May ?
The fact that your child still has exams to take means they remain in full time education so far as the court is concerned
You are expected to pay until the last day of the full school term - in July and if you stop payments before then your ex will be successful in applying to recover arrears should she wish to do so.
This is still a better deal than the CSA where you would have had to continue payment until September
I am sorry this is not the answer you wanted but it is the approach that the court will take
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

indeed not the answer i wanted ! however thanks for speedy reply.

kind regards

You are welcome - although I would have enjoyed giving you a more positive answer it would have misled you entirely!

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