i have 3 children, 1 24yrs.1 21yrs and 1 17years. i have always paid maintainance and according to the court i have over paid by about £3,000, the issue is that my 17 does not regularily attend school and my relationship with my ex wife has broken down. do i still have to pay my ex wife or can i pay my daughter directly? do i even have to keep paying as if she went to school full time she would get AMF(?)and i have over paid, indeed my ex wife wants the money to go on another holiday during term time with no regard for her education.
Province/Country relating to question : worcestershire
talking to the courts and talking to my ex wife the later to no avail
Thanks for your question.
Whether you have to continue paying would depend whether your daughter was in full time education. Under CSA rules child maintenance is payable all the time that Child Benefit is being paid and the child is aged under 16 or aged 16 to 19 and in full-time non-advanced education. Child Benefit is usually paid until the first week in the September after the child finishes school/college. The meaning of full time education is more than 12 hours a week of study on a course up to and including A level standard. Under the Children Act 1989 over 18s who are in education or training may ask courts to award maintenance from separated parents. They would normally be eligible for legal aid. However, when there is a court order for Child Maintenance, imposed or by consent, the terms of the order dictate when it ends. Often the order is worded something like Child Maintenance is payable until the age of 17 or the end of full time secondary or tertiary education. It may be possible to vary an order so that it is extended to cover university students if no provision is made, although the costs may outweigh any benefit. I hope this answers your question. If so, kindly click accept. If you wish to discuss, please feel free to ask further questions. Kind regards,
LL.B, Pg Dip, LL.M, Advocate (Civil), M.B.A (Undertaking)
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