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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 coming up to 18 in June and will be finishing

Resolved Question:

my daughter is coming up to 18 in June and will be finishing a 2 year course on animal welfare, she is continuing at college for a further 2 years on a university equivilent course which is 3 hours a day, 2 days a week and 400 hours work experience over those 2 years, government figures state the child has to be studying an average of 12 hours a week for this to qualify as full time education and therefore still require child maintenance, i would like to know where i stand on child maintenance payments as i am unsure whether the 12 hours average is based over a year or just term times.
thanks
B.D.
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 have you been making maintenance payments voluntarily to date or is there a court order or arrangement in place via the CSA which provides for maintenance payments please?
Do you know qualification your daughter will obtain at the end of her course - you refer to university level - is it a university degree?
Customer: replied 2 years ago.

i have been making voluntary payments since she was 3 years old and have never missed a monthly payment, i am not sure of the qualification at the end of the course just the hours she will be doing.

Expert:  Joshua replied 2 years ago.
Thank you very much for that information. On that basis maintenance is payable until the date your 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.Full time is classed as 12 hours or more per week during term time. 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 however if you as believe the course is not secondary education but university level, maintenance ends once she leaves school.You are entitled to ask for evidence to show the course she is on so you can check the qualification it leads to against the above and how many hours a week the course takes up (though you appear to already have this information) in order to make a determination whether you remain liable using the above guidance.As above, maintenance does not continue once she has left full time secondary education to attend university or university level education however it is possible for your daughter to make an application for continuing maintenance if she wanted to go to university or attend university level education 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 your daughter were to make personally as above maintenance would end as discussed above.Of course it goes without saying that you can continue to make any such voluntary further payments you wish.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 I'd be very grateful
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