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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I have stopped receiving child maintenance for my child due

Customer Question

I have stopped receiving child maintenance for my child due to her being at college and studying for an HNC ... Can I get a court order for maintenance for her?
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.

Hello,

My name is Mac. I will be able to help you with your question. First I need a bit more information:

- how old is your daughter (and do you have any other children)?
- does he have any other children?
- how many hours a week does your daughter have to study at college?
- when did he stop paying maintenance, and has he been paying maintenance as just agreed between the two of you, or because of a court order?
- do you know his level of income (before or after tax)?

Regards,
Mac
Customer: replied 3 years ago.
My daughter has just turned 17, and started college. The maintenance I was receiving was via the CSA, due to them classing it as higher education, he no longer has to support her according to them.
We have one other child together, no others.
She studies full time at college.
He is on a very generous salary as he works in India for 6 months of the year, tax free. I would imagine circa £90000 per year.
Expert:  familylawexpert replied 3 years ago.

Have the CSA written to you to explain why the maintenance has stopped?

Do they know that your daughter is in full-time education?

Does the father work in England for the other 6 months a year?

.

Customer: replied 3 years ago.
As she is studying and HNC ... they don't pay, if she was still at school they would still pay.
He works offshore for 6 months of the year, home the other 6, not working, in Scotland.
Expert:  familylawexpert replied 3 years ago.

The law provides for maintenance to be payable in respect of your daughter up until the age of 20, so long as she is in full-time education. Full-time education is effectively a minimum of 12 hours study a week, which your daughter is presumably exceeding.

I attach a link to the relevant part of the government's website.
https://www.gov.uk/child-maintenance

I recommend that you call the CSA again and explain the situation to them and ask them to reconsider putting the payments back in place (which it sounds like they shouldn't have stopped).

If they refuse, get them to put their reasons in writing.

If they don't accept the maintenance should be reinstated (which they should), you should appeal. I really don't think it will come to that, but here is a link in relation to that as well.
https://www.gov.uk/child-maintenance/appeal-a-decision

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Expert:  familylawexpert replied 3 years ago.
Hello,

If I can give you any more clarification, please let me know. Otherwise, I would be very grateful you could rate my answer, (as it's the only way we get paid - sorry to ask).

Regards,
Mac.
Expert:  familylawexpert replied 3 years ago.
Hello,

If I can give you any more clarification, please let me know. Otherwise, I would be very grateful you could rate an answer, (as it's the only way we get paid - sorry to ask). If you don't rate it now, then the website company will simply retain the deposit itself.

Regards,
Mac.

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