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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1157
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My court order for paying maintenance says to pay until the

Customer Question

Hi my court order for paying maintenance says to pay until the children are 18 or finish full time education, my twins are 18 in December this year and are both in college. 1 is doing mother cycle maintenance level 2 the other is doing business studies level 3. The question I have is can I stop paying when they are 18 or are their courses classed as full time education? If so when do I stop paying maintenance
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when was the court order made?

- do you know if the current course are university equivalent?

kind regards

Caroline

Customer: replied 1 year ago.
Hi Caroline, the court order was made September 2009 I don't know whether the courses are university equivalent or not one is a Btec course but my children only told me what the courses were. They are both at Stamford college Lincolnshire. Steve
Expert:  ukfamilysolicitor replied 1 year ago.

Dear *****

You need to make inquiries with the college about the level of course.

After one year of the court order - you can choose to revert to pay maintenance through the Child Maintenance Service.

This may be more beneficial for you. Maintenance under the CMS is payable until 21 if non advanced education - that being University equivalent.

Please do be aware that if your children are studying university level courses now / future and they need support they can make a Schedule 1 Children Act claim in their own right for support.

kind regards

Caroline

Customer: replied 1 year ago.
Thank you for your answer but I've had experience of paying through the CMS & it was not beneficial at all. So what you are saying is that if they are studying university equivalent courses then I have to pay until they are 21? I will support them anyway myself but can I stop maintenance in December as my court order states?
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Please accept my apologies for my delay in responding to you.

I am in full time practice and was not available yesterday evening.

After one year of your court order being in place - you can opt out and revert to the CMS.

With the CMS you do not have to pay when your children start university level courses.

This may be more beneficial for you. The reason I say this is because your current order appears to state 'full time education'. This in itself could actually be interpreted to mean a full time university education.

let me know if I can help you further

kind regards

Caroline

Customer: replied 1 year ago.
Hi Caroline thank you for responding, I am in the process of finding out from my children what their course codes are so I can contact the college to find out whether the courses are university level or not. Seeing that the fact that they turn 18 next month I don't know whether there is time to go through the process of getting CMS involved it seems that it could take more than 1 month to set up. I have downloaded the information pack from the CMS I will read it through later today. I will stay in contact until I can get a resolution to this situation. Steve
Expert:  ukfamilysolicitor replied 1 year ago.

Hi Steve

Given that they are under 18 at the moment - it is likely that there current courses are not university equivalent.

This could help as it will give you the time to opt out of your current order now and revert to the CMS - so if they do go on to University level courses in the future you wont be liable under the CMS.

kind regards

Caroline