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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33291
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi my son is 17 and still in full time education we had a

Customer Question

Hi
my son is 17 and still in full time education we had a court order that states my ex has to pay until he is 17 or complete full time secondary education which ever is the later or until further order at the rate of 250 per calendar month . he has now stopped paying yet I see that according to the csa he should pay while he is in education of a level or below . Can I get this changed so he still has to help support him ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What course is your son doing?
Clare
Customer: replied 2 years ago.

IT;s a diploma in electrical engineering

Customer: replied 2 years ago.

diploma in electrical engineering

Expert:  Clare replied 2 years ago.
Hi
BTEC or NVQ or ?
Which level?
Clare
Customer: replied 2 years ago.

Btec level 3

Expert:  Clare replied 2 years ago.
Hi
Sorry for my ignorance - I have to check - that is not an HNC?
Clare
Customer: replied 2 years ago.

no just a diploma course .

Expert:  Clare replied 2 years ago.
Hi
In that case you have two choices
You can either apply to the court to enforce the existing order using one of the methods outlined here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
(do NOT register it in the Magistrates Court)
OR you can apply to the CSA to complete an assessment
Either way - you are correct he does indeed have to continue to pay whilst your son remains in Secondary Education
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

i don't think you have understood me he is not in secondary education . He is in collage hence the diploma course . The court order states he only pay's till he is 17 or finishes secondary education (which he has ) but on the csa web site it state that the absent parent has to pay till the child is 19 if still in full time education of 12 hours or more which my son is . What I wanted to know is can I ask the court to extend the order while he continues to study or is that it ? I am expected to support him on my own ? OI have read a court maintince order is only valid for a year then either party can apply to the csa for a review court order or not ?

Expert:  Clare replied 2 years ago.
Hi
Secondary education is not determined by the establishment that he is in - but by the course that he is doing.
So since the course is not a Degree or Degree equivalent then your son is still in Secondary education and the current court order is still in force and you can enforce it
It is indeed correct that once the Order has been in place for 12 months or more then an application can be made to the CSA
Clare

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