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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1202
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a consent order which states that when my child completes

Resolved Question:

I have a consent order which states that when my child completes 6th form or reaches 18 years of age my liability to pay an agreed sum as maintenance would be over. He dropped out of 6th form and went to pursue an electrician course in college - unsure if this is full or part time. I have since stopped the payments to his mother as laid down in the consent order. My question is - Can she still pursue a maintenance claim after this point?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question. Please may I ask - when was your consent order approved by the court?
Kind Regards
Customer: replied 2 years ago.

It was approved on the 4th August 2014

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
A court order made in 2008 for child maintenance can be changed after 12 months. Child maintenance is still payable until a child is 20 when they are still in education or further education. From the September that they start advanced education ie university level you are no longer liable. The mother will also stop receiving child benefit at this time.
You need to check the course that your son is starting. If it is not classed as advanced education then you are still liable.
It's worth checking with the Child Maintenance Service for current liability amount. They have a useful calculator on their website. If the course is not advanced and you are still liable and the amount that the CMS say you should pay is less than the court order then offer that amount. If she doesn't agree then go to the CMS. You don't need to go back to Court.
Kind regards
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Expert:  ukfamilysolicitor replied 2 years ago.
Sorry My first line should have said an order made after 2008 not in 2008
All my advice remains the same
Kind regards
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly rate my answer.
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