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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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, I have been paying my wife payments twins every

Resolved Question:

Hi,
I have been paying my wife payments for our twins every month since they were one. They turn 18 on August 1st this year and are both going on to university. She seems to think that payments continue under they are 18 years and eleven months. I have been told that they stop at their 18th birthday. Who is right?
Thanks,
Dave
Submitted: 2 years ago.
Category: 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 if there is a court order in place with regards ***** ***** payment of support please? If not have contributions been made by you voluntarily by agreement with your spouse to date or through the CSA?
Customer: replied 2 years ago.

Hi,

I have always made voluntary contributions. In the early days I paid through the CSA but for years I have been paying direct to their mother. The amount has been agreed between us and I have never missed a payment.

Thanks,

Dave

Expert:  Joshua replied 2 years ago.
Thank you. On that basis maintenance is payable until they leave full time secondary education in the year the turn 18. 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.Therefore based on what you say if they are to turn 18 this year and are still at school in full time education, maintenance will be payable until they leave school.However you should be aware that it can be possible for one or both of your twins to claim further support whilst at university under schedule 1 of the Childrens Act which would be assessed on all the circumstances, and such applications are not overly common. Parents cannot make any further applications on their behalf after they have reached 18. Such applications are not common because not many children are aware they can make them nor would consider themselves able to make them but the rights do exist.Notwithstanding any application your twins were to make personally under the Childrens Act however, maintenance would end as discussed aboveOf course it goes without saying that you can continue to make any such voluntary further payments you wish.Have I been able to help you with all your questions on the above?
Customer: replied 2 years ago.

Hi,

Thanks for your swift reply.

Based on your comments, my understanding is that the payments should end roughly on their 18th birthday as I thought, seeing as the school stops roughly the same time and then go on to university.

Thanks again,

Dave

Expert:  Joshua replied 2 years ago.
Glad to have been able to help. Yes that is essentially right - it is the date they leave school in the year the turn 18 though rather than the date of the 18th birthday though if the two happen to coincide then all well and good. If there is anything else I can help with please do let me know.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. Your feedback is important to me. If there is anything else I can help with please reply back to me though
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