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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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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My eldest son has just finished secondary education and looking

Customer Question

My eldest son has just finished secondary education and looking to go to university. the consent order in my divorce stated that I only need to pay maintenance until my children leave secondary education-I have just contacted the CSA and they have said that regardless of what the consent order says I have to continue to pay until he reaches the age of 20 or he gets a full time job. Is this true? and if this is the case, what really was the point of the consent order in the first place and why should I be paying my ex maintenance still whilst he is not living at home but at university?
Yours in anticipation .....
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
When did the CSA first become involved?
Clare
Customer: replied 3 years ago.

Actually its the child maintenance service (not the CSA as I wrongly put before) and they first became involved in March 2013. The consent order for my divorce was completed September 2011

Expert:  Clare replied 3 years ago.
Hi
I am aware of the name change (not much else has!)
Has your ex applied for a formal assessment?
Clare
Customer: replied 3 years ago.

I had to submit my payslips to the CSA and they made a calculation based on my income which is reviewed on an annual basis and I pay my ex directly rather than through the CSA
Expert:  Clare replied 3 years ago.
Hi
You have slightly misunderstood the position (hardly surprising when dealing with the CMS)
You need to keep paying until September no matter what.
After that you only need to continue paying if he stays in SECONDARY education for more than 12 hours a week
If he does go to University then the CMS are no longer involved
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thankyou for that, is it September because that is when he would normally go back to school/college?
Also if he were to take a gap year out (which he told me about last night!) and he doesn't get a job do I continue paying until he goes to university?
Expert:  Clare replied 3 years ago.
Hi
September is when the Child Benefit stops - so that is when the maintenance stops.
The gap year does not change anything - if he has left secondary education that is the end of it!
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare, many thanks for your help; you have been very helpful unlike the CSA who've told me different things each time I've rung them but why do I pay until september if he has finished his secondary education now?

Expert:  Clare replied 3 years ago.
Hi
That is because Child Maintenance is linked to the payment of Child benefit - and historically Child Benefit remains payable until september after schooling finishes
Clare