Child Maintenance

[Grizelda]

My husband's daughter from his first marriage became 18 in April. She is currently in "full time education" at college studying to become a beautician. She finishes her course in June 2007.

When my husband seperated from his wife she had a seperation agreement drawn up which he signed agreeing to pay maintenance until his daughter was 16. In his niaivity he never got a copy of the seperation agreement and his ex-wife now states that she doesn't remember there ever being an agreement.

There was no additional agreement made when his daughter left school and went to college but he continued to pay the previously agreed monthly sum and has never missed a payment.

He paid for the whole of April (she turned 18 mid-way through the month) and has now stopped the standing order.

His ex-wife states that he has to continue to pay until his daughter finishes college or possibly until she is 19 and is threatening him with court action and the CSA.

Does anyone know with any degree of certainty at what point he can legally cease maintenance.

It's not that he doesn't want to support his child we just don't seem to be able to establish his rights

[bednobs]

not entirley sure i THINK its until they finish in further education. if the ex is saying he has to pay till she finshes the course its only another 2 months though

[pixiepie]

hi grizelda
my hubby had the same problem with his daughter. He was told he had to pay for her either till she was 16 or until she finished higher education.
however as you only have an agreement with his ex you could stop paying now but she would probably go to the csa. This in itself causes lots of problems. If she finishes college in june i would pay till then and she cant say anything then as you have done your duty.
csa told us when to stop paying (we actually overpaid by nearly a year and it took ages to get our money back)
Exs dont you love em !!!!!!

[pixiepie]

sorry that should be full time education not higher. If she only goes part time you dont have to pay

[Pippa68]

Even if there was a court order stating maintenance finishes at 16 this can be over ruled as if a child is in full time (24 hours per week or more) education up to A level and under the age of 19 maintenance is still paid.

The CSA will agree with this, and child benefit is paid up to the age of 19 in accordance with this.

[Pippa68]

Sorry I made a mistake there..full time education is 12 hours per week or more..

[carron649]

I have the same problem as my partners daughter turns 18 next week and is at drama college, check out the website www.sfla.co.uk/endmaintenance.htm. It seems full time education is classed as at school up to A level (non-advanced) not college which is advanced study. We may have been duped into overpaying. But there seems to be a grey area in all of it, because A levels could be in line with NVQ Level 3, which covers skills and other diplomas only available at colleges, so my next stop is the CSA.

[missrandom]

surely these men would want to support their kids through college? If it's coz they dont want the ex to have their money, cant they pay it into their childs account instead. If they were still together loads more of his money would go towards his children. if i were that child i think i'd feel a bit a bit of a burden. She's obviously doing something to further herself, so i really feel she should be supported wether its a legal req or not.

[ojread2]

If your child stays on in full time education then child benefit is payable until the September after their 19th birthday - it is also the same for child maintenance

OJx

[Goodsoulette]

My dad paid for me and my brother as well as half of my mums mortgage until we left home. I was nearly 17 when I left but my brother left 10 years later. If his daughter is still at home he should be paying for her. Obviously the CSA will only chase till she is 19. If his daughter goes to uni then he should pay the money to her, in my opinion,. or cover her accomodation fees and when she goes home in the holidays, maybe she can pay rent to her mum or something.

Maybe he should continue to make the payments in the mean time and approach the CSA himself. If I was his daughter I would want to know why he has stopped paying.