ending maintenance payments?

[gonzo00]

hi all! advice needed....i have two sons who live with my ex wife,one of thirteen and one of fifteen. i pay maintenance for both boys by standing order (no csa involvment) and in a few weeks my eldest son will turn 16. he has not been at school for about a year as his mother saw fit to withdraw him due to some problems he was having and never bothered putting him into a new school,much to my displeasure i may add. i am working abroad so this situation is somewhat out of my control.
what i would like to know is when do i stop paying maintenance for this oldest boy..i have been told by some people that it is on his 16th birthday. i have been told by others that it is in september of this year`if he has not returned to `full time education. please can somebody shed light on this situation.
to clarify my position... i only want things to be fair,my ex left me in a really bad way financially (ie. mortgage,rates etc had not been paid for six months and my house was about to be repossesed even though my quite substantial wage was being paid direct into the joint bank account of which she had complete control) and emotionally. i have fought tooth and claw to save the house which i know will have to be sold eventually and to try to rebuild my life as best i can. the whole way through my ex has been completely cold and indeed downright callous in the way she has conducted herself so i do not want to give her a single penny more than is rightfully hers. i do contribute to the boys by way of pocket money,new clothes etc (paid direct to them)and do see them as often as is possible so please do not think that i do not want to support my sons! any advice would be gratefully recieved...thanks.

[Hgrove]

sorry if I am stating the obvious but did you check with the solicitor who dealt with your divorce originally? This sort of thing would normally be agreed at the time the maintenance agreement is finalised. At least that is what happened when I got divorced about a year ago.

[Buenchico]

Child maintenance comes to an end when, after the young person reaches their 16th birthday, they cease to be enrolled in full-time (= 12 hours per week or more) education in a school (or other educational establishment where they're studying for qualifications not above A-level). For the purposes of calculating the relevant date when child maintenance ends, the summer holiday period of the academic year is considered to be part of the preceding year.

So if your elder son is currently enrolled in a school (even if he's not attending it), your payments will end in the first week in September. However if he's not enrolled in a school, your payments will end on his 16th birthday.

If either of your sons progresses (full time) to 6th form college or to a further education college (and spend two years studying there), your payments would continue until the September after their 18th birthday. (If they spent 3 years at college, while not studying beyond A-level) your payments would end on their 19th birthday.

Chris

[gonzo00]

sorry hgrove...solicitors are not yet involved,i'm sure it is only a matter of time though!!
many thanks buenchico...my son is still registered with the school although not attending it so it appears that i pay until the first week of september. i'd rather he got an education but as i say it's kind of out of my control. thank you for your help! :0)

[RATTER15]

It used to be the case, maybe it still is, that if you dont actually live in this country you arent legally bound to pay maintainance atall.

[gonzo00]

indeed ratter! but i'm only working away on short trips into europe at the moment so am still getting paid into my uk bank account...HOWEVER...i hope in the near future to be going to work for a saudi based company who are working in iraq and afghanistan....the day that i leave the uk is the last time she will ever see a penny of mine!! i will of course continue to support my lads but it will be a private arrangement between them and i!