court order maintenance and 19 year olds still studying

[ajay64]

My child is 18 now, (Aug 08) she is studying a national diploma for 2 years at college not Uni, my ex has agreed to continue maintenance until she is 19 ( until end Aug 09) but she will only be half way through her course, she will still be dependant to me, he lives away and remarried etc, Child Benefit I am told, continues until she is 20 in 2010, not sure if tax credits will continue, although I do work full time too, I currently receive child benefit and tax creds, why is it, I will receive Child benefit until my daughter is 20 and My ex thinks the maintenance should stop when shes 19 in Aug next year (2009) my court order is 8 years old, never has my maintenance been increased and ex earns very very high income in middle east, my court order states this: maintenance to be paid until she child shall attain the age of 17 years or cease full time education which ever shall be the latter or further, so to me he should pay until she finishes her 2 year course and is almost 20 years of age. is this right, I have searched the internet for hours and cannot get this question resolved .. Ajay64

[Ethel]

That is the law - it is explained here:

http://www.sfla.co.uk/endmaintenance.htm

Is there any reason why your daughter can't work part time to help support herself?

[bednobs]

i have to agree with Ethel - your daughter could very easily get a part time job to help with her support. I havnt read her link but it is most usual for child support to stop at 19 isn't it? after all, she could do another 2 year course afterwards, and another and another and he cant be expected to sub her forever. What if she went to uni after - that is still ft education so will he be expected to support her there too?

[Ethel]

bednobs - child support is paid until the 20th birthday if the 'child' is in non-advanced study.

So is she is doing a basic BTec diploma, child benefit is payable. Doing a degree, it isn't.

It is all very odd.

[bednobs]

the link you provided states "under the age of 19", so it looks like till the 19th birthday

[Ethel]

That is child maintenance. Child benefit is payable until 20 if in basic full time education.

(Full time being 12 hours a week or more term time)

"they are under 20 and in relevant education or training "

http://www.hmrc.gov.uk/childbenefit/16-or-over .htm

[ajay64]

thanks so much for your replies, my daughter is studying a national diploma which is just further education, no higher education or degree level, she is actually encoursged by her father to do this as she attended a college from 16 - 18 which wasnt the best college and she is doing the same again for better grades is you like, I know she will not be supported if she goes to Uni at 20 which her father hopes she will do, he will then make a private arrangement with my daughter about that support.
she wouldnt or i wouldnt be able to claim tax credit or child benefit now if she was already at Uni or studying higher education or a degree, child benefit assured me that her national diploma wasnt higher education (she attands a college) and i will be entitled to the child benefit until she finishe her coursein 2010 when she is almost 20 years of age, I was very confused as to whether my ex pays maintenance until she finished her college diploma, but reading the court agreement and her being in full time education still from age of 19 to almost 20 it looks like he should continue to pay for the second year of full time education too, she is looking for part time work also at the moment, her travel costs re expensive the college is 100 mile round trip, we are quite rural in location.

[pink-kittens]

It is my opinion that along with child benefit, CTC etc, maintenance should be paid until the child stops eduction of ANY kind, be it college, 6th form or Uni.

ANY decent absent should willingly pay until their child has started working full time after qualifying at uni etc, not just because they reach so and so birthday

Sure she could work part time, but this may not cover all her expenses and maybe she could not find work that fits around her studies and this is why absent parents should carry on paying


Good Luck