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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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I am the parent with care of my son aged 18. It is agreed that

Resolved Question:

I am the parent with care of my son aged 18. It is agreed that his age does not put him out of scope because he is in non-advanced full-time education (Foundation Diploma in Art and Design). At a recent CS tribunal (on another matter) the NRP asked whether he would have to pay if my son did not live at home with me during the course. The presenting officer advised, and the judge agreed, that if he lived elsewhere during his period of study, Child Support was still payable to me if my home was nevertheless his permanent home (to which he would return during the vacation and at the end of the course). None of this (properly) appeared on the face of the decision of the Tribunal. On the strength of this I am supporting my son to live close to college in student accommodation, but husband has disputed his liability to pay on this ground with the CSA. The CSA has referred the matter (a) for internal 'advice' and (b) to me to provide a copy of the 'Tribunal's letter'. Are you able to point me to the relevant rule(s) on the subject?
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.
Which scheme are payments made under - 1993, 2003 or 2012?
Clare
Customer: replied 2 years ago.

I have only just become aware that there are three schemes, having thought the recent reform made it two. However - my initial application was made in 2008, and the Child Support awarded runs from that year. I am definitely aware that the 2012 scheme does NOT apply to us.

The first tribunal (2011) and the second (this year) neither of which concerned this point directly, both involved argument around the child support (Variation) Regulations 2000. These, in amended form may well apply to the 2003 scheme, which seems the most likely to be the scheme my payments are made under.

Expert:  Clare replied 2 years ago.
Hi
Are you still receiving Child Benefit?
Clare
Customer: replied 2 years ago.

The CSA asked me this (as did the Tribunal). I would receive Child Benefit but it would be taken back via HMRC from my husband, the child's step father, so I have stopped claiming it.

Expert:  Clare replied 2 years ago.
Hi
That would have been the easy option!
This equates to a child being at a Boarding School and in those circumstances Child Maintenance is still payable assuming that the child returns to you for holidays
http://www.darlingtons.com/site/family_solicitors_london/child_maintenance_issues/
I hope that this is of assistance please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Would you be able to let me know what regulations govern this, if any? Sally

Expert:  Clare replied 2 years ago.
Hi
This goes back to the original act where a Parent with care is defined as the one with whom the child "has his home"
http://www.legislation.gov.uk/ukpga/1991/48/section/3/enacted
Since your child is only away during college terms he still has his home with you
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you

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