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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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, my daughter is 18 in May and finishes in Higher Education

Resolved Question:

Hi, my daughter is 18 in May and finishes in Higher Education in June 2015 - when should maintenance payments stop ? She will then be going to University in February 2016 - would payments then commence again on the same basis ? My daughter will be working approx. 16-20 hours week between June 15 and Sep 16 - how should this period be treated for maintenance payment purposes ?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

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.

Joshua :

May I ask if there is a court order in place with regards ***** ***** payment of support please? If not have contributions been made voluntarily to date or through the CSA?

Customer:

There is no court order in place and payments have been made voluntarily to date.

Joshua :

Thanks. I would guess the answer to to the next question will be no but just for the avoidance of doubt, has a formal amicable agreement been prepared which confirms when payments will end?

Customer:

Unfortunately not.

Joshua :

Thanks. Thats fine.

Joshua :

On that basis maintenance is payable until your 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.

Joshua :

However it can be possible for your daughter to claim further support whilst at university. Am I right to assume that maintenance payments are paid by your spouse or ex spouse please or is it you that pays maintenance here? I ask for context.

Customer:

It is me that makes the payments to my ex spouse

Joshua :

Thank you.

Joshua :

That being the case you can stop payments if you wish once she leaves secondary education.

Joshua :

As above, it is possible for your 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, and such applications are not overly common. Her parents cannot make any further applications on her behalf now she has reached 18. Notwithstanding any application your daughter were to make personally as above maintenance would end as discussed above.

Joshua :

Of course it goes without saying that you can continue to make any such voluntary further payments you wish.

Joshua :

Can I help you with anything else or has the above answered your questions satisfactorily?

Customer:

That's great, thank you very much for your prompt attention to this.

Joshua :

A pleasure.

Joshua :

If I can assist any further please do not hesitate to revert to me

Customer:

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