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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Re the new school leaving age. My partner divorced before this

Resolved Question:

Re the new school leaving age. My partner divorced before this came into practice. His maintenence terms were regular payments until child reaches 17 or leaves secondary education. She is 18 this November and at college. He would like to know does matienence continue till she is 19 as she is going back to college in September. He is confused by new law
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask has your partner made maintenance payments voluntarily to date or is there a court order or arrangement in place via the CSA which provides for maintenance payments please?You refer to terms - do the terms refer to "full time" education?Finally do you know what kind of qualification his daughter is returning to college for?
Customer: replied 2 years ago.

He has been paying regular each.month without fail. And terms state until child reaches 17th birthday or finishes secondary education whichever is the latest. She has been doing gcse's at college. And will be returning back in September before her 18th birthday in October

Customer: replied 2 years ago.

I belive she is going to do catering or beauty come September

Expert:  Joshua replied 2 years ago.
Thanks. Are these terms a court order or an agreement made between him and his ex partner? Do the terms refer to "full time" education?
Customer: replied 2 years ago.

A court order part of terms of divorce it's says secondary education. He been paying while she has been doing beauty course at college and gcse's maths and English of.which his ex said was secondary education and he had to pay

Customer: replied 2 years ago.

It states full time secondary education

Expert:  Joshua replied 2 years ago.
Thanks. Finally does the order provide that maintenance is payable under the "later of" reaching 17 or leaving secondary education?
Customer: replied 2 years ago.

Later

Customer: replied 2 years ago.

Reaches 17 Or leaves full time secondary education whichever is the later

Expert:  Joshua replied 2 years ago.
Thank you very much for that information. On that basis maintenance is payable until the date your partners daughter leaves full time secondary education. Secondary education includes GCSEs A levels iGCSEs Pre-U International Baccalaureate NVQ/SVQ level 1, 2 or 3 BTEC National Diploma, National Certificate and First Diploma SCE higher grade or similar but excludes degree level education - e.g. university degrees and so on. Full time is classed as 16 hours or more per week. Therefore if she is going on to study for a qualifying secondary education qualification as above on a full time basis at college maintenance would be payable until she completes that course. If she is studying for a qualifcation other than a secondary education qualification or studying for less than 16 hours per week then maintenance would end once she leaves her presnet school. Your partner is entitled to ask for evidence to show the course she is on and how many hours a week the course takes up in order to make a determination whether he remains liable.Maintenance does not continue once she has left full time education to attend university if this were her plan though I am not sure it is from what you say. If it were though it is however possible for his daughter to make an application for continuing maintenance if she wanted to go to university under schedule 1 of the Childrens Act which would be assessed on all the circumstances, though such applications are not overly common. Parents cannot make any further applications on her behalf once she has reached 18. Notwithstanding any application his daughter were to make personally as above maintenance would end as discussed above. Of course it goes without saying that he can continue to make any such voluntary further payments he wishes.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

Sorry was confused so it means he is to carry on paying until.she now reaches 19?

Expert:  Joshua replied 2 years ago.
Not at all. To determine if he is still liable he will first need to determine a) what qualification she is going to study for at college after leaving school. and b) if she is studying on a full time course or not. If she is studying for one of the above secondary education qualifcations and is attending on a full time basis (16 hours + a week) then maintenance will continue for the duration of the course. If he finds that she is either not studying for a qualifying secondary education qualifcation (as above) or is studying on less than full time basis then maintenance will cease when she leaves school.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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