Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi, after a very turbulent time with my ex she has finally agreed to a lump sum settlement. I have 2 questions.
1. The CSA has advised a signed solicitors letter is all thats required accepting the agreement as a full and final settlement for maintenence, is this correct?
2. What actually is the cessation to end payments if my child does not continue to 6th form but perhaps goes to college?
Thanks
maintenance continues while child benefits are paid - that means up to the age of 20 if your child is in non-advanced education (university is advanced, A levels aren't).
I'd check with the CSA again, and get it in writing - I'm not convinced that she won't be able to go through the CSA for monthly maintenance even with the lump sum settlement.
Hi Stuartwwc
Thank you for your post. I am William the Child Maintenance Options consultant. I understand that you and your ex-partner have agreed a settlement to be paid for child maintenance and you would like to know when child maintenance ends.
You have said that your ex-partner has agreed to you paying her a lump sum, this is also known as a family-based arrangement. Family-based arrangements are when you and your ex-partner decide between yourselves who will provide what for your child. There are no strict rules or formulas that you have to stick to when calculating your payments. They are completely private, meaning no-one else needs to get involved including Child Support Agency (CSA). Although they are not legally binding, they can be quick, easy and free to set up.
You have mentioned that the CSA have said you need a signed solicitor's letter confirming that you have agreed to this and you would like to know if this correct. It is possible to make your family-based arrangement legally binding and to do this you will need to seek further advice in this area, as we are not experts on this matter.
You may wish to contact the Citizens Advice Bureau who provides free information and advice on topics such as legal, housing and debt. You can find more information on their website at www.adviceguide.org.uk.
You have also asked what age child maintenance ceases. ACTD is correct that child maintenance is paid when your ex-partner is receiving Child Benefit. You may also wish to follow the CSA guidelines in regards to when maintenance ends. Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. Before 10 December 2012, the upper age limit was 19.
However, if your child was 19 after this date and in full-time education, maintenance would be paid until the age of 20. Also, anyone aged 16 or 17 who is not in education, is not working and does not receive employment related benefits, is also defined as a child.
The definition of full-time education is more than 12 hours a week of study, on a course up to and including A level standard. Some examples of non-advanced education are:
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
It doesn’t include ‘advanced’ education, eg:
a degree
Diploma of Higher Education
NVQ level 4 or above
BTEC Higher National Certificate (HNC)
teacher training
You can find more information on the above from the following link http://www.gov.uk/child-maintenance.
There is a Sorting out separation web-app on our website at http://www.dad.info/divorce-and-separation/sorting-out-separation that you may find useful as it offers help and support to separating families
For further information about family-based arrangements and access to useful tools and guides. Please visit www.cmoptions.org. Of if you prefer a confidential chat with one of our agents then please call 0800 988 0988, were open Monday to Friday 8am to 8pm and Saturday 9am to 4pm.
I hope this helps.
William
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.