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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if there is a court order in place with regards XXXXX XXXXX support please? If not have contributions been made voluntarily to date or through the CSA?
There is no court order in place, all contributions have been made through a voluntarily agreement between my husband and his ex. No payments have ever been missed and all is up to date.
Thanks. Has a formal amicable agreement been prepared which confirms when payments will end or have no such discussions taken place or been agreed?
There was nothing done on paper, all was verbally agreed for X amount per week. Nothing was discussed or again on paper regarding when the payments should finish.
Thanks. On that basis maintenance will be payable until he 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. Accordingly from what you say he has left secondary education as he is attending university and accordingly maintenance payments can cease.
It is possible for your step son to make an application for continuing maintenance if he 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. His mother cannot make any further applications on his behalf now he has reached 18. Notwithstanding any application your step son were to make personally as above maintenance would end as discussed above.
Is there anything above I can clarify for you?
Is there anything else I can help you with?
Many thanks for this information, can I just check I have this correct? His mother now he is over 18 can NOT make further applications only the boy can himself? Also once he leaves college next month we keep the payments going until he starts at university. Does this make any difference if it is in residence or if he can travel from home to uni?
That is correct. Mum cannot make any further applications if he is over 18. Once he leaves full time secondary education (university does not count as secondary education) then payments can cease based on the above irrespective of whether he is living in halls or at home.
Does the above answer all your questions or is there anything I can clarify or help with any further?
No that is just perfect. Thank you so much for your help.
If I can assist any further as the situation develops please do no hesitate to let me know.