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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 452
Experience:  Consultant Solicitor at Setfords
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My daughter has left school and is going to university in

Customer Question

My daughter has left school and is going to university in September . Only doing 2days per week. My ex wife has said i carry on paying maintenance while she's at university . Is this correct ?
Submitted: 6 months ago.
Category: Family Law
Expert:  MARCUS Malin replied 6 months ago.

Hello, my name is*****

On what basis are you paying, voluntarily, court / consent order or assessment by the CMS?

Thank you.

Customer: replied 6 months ago.
Voluntarily
Expert:  MARCUS Malin replied 6 months ago.

Hello,

In that case you would follow the regulations of the Child Maintenance Service because if you stopped paying mother would no dout make an application.

The CMS say that if a child remains in full time education then you pay child support until that child is 20.

I hope this helps.

Thank you.

Expert:  MARCUS Malin replied 6 months ago.

Hello,
If your require any further assistance please do not hesitate to ask.
Can I ask you to kindly provide feedback so I can get credit for my answer.
Thank you.
Marcus

Expert:  MARCUS Malin replied 6 months ago.

Hello,
If you require any clarification on my answer please do not hesitate to ask.
Can I kindly ask you to provide feedback.
Thank you.
Marcus

Customer: replied 6 months ago.
Does 2 days a week at uni count as full time education
Expert:  MARCUS Malin replied 6 months ago.

Possibly it depends on the type of course and what level it is. Although it is only 2 days a week private study maybe required.

Do you know what course it is?

Thank you.

Expert:  MARCUS Malin replied 6 months ago.

Hello,

I have the following guidance for you being:

Payments are made for children under the age of 16. If the child is in full-time education, this goes up to age 20. However, the definition of full-time education is ‘not higher than A level or equivalent’ (in Scotland, this is Scottish Highers and Advanced Highers). For example, someone who is 19 and still at school would be entitled to payments, but, if the same person was at university, they would not be.

So if your daughter is on a course that is higher than A-Levels then Child Support ends.

Just to mention though if you stopped all financial support your daughter can apply under Schedule 1 of the Children Act for financial provision. Such applications are unusual but I mention for the sake of completeness.

Thank you.

Marcus.

Expert:  MARCUS Malin replied 6 months ago.

Hello,
I hope you received my answer.
If you require any clarification please do not hesitate to ask.
I would ask you to kindly provide feedback.
Thank you.
Marcus

Expert:  MARCUS Malin replied 6 months ago.

Hello,
I hope you received my answer.
If you require any clarification please do not hesitate to ask.
I would ask you to kindly provide feedback.
Thank you.

Marcus