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What is 'Full time education'?

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Pippa68 | 20:59 Mon 05th Feb 2007 | Law
8 Answers
Ok..

My ex husband has just informed me that his solicitor has advised him to stop paying child maintenance for my 16 year old once she reaches her 17th birthday in April.

My court order states that maintenance is to be paid until the age of 17 or until the child finishes full time education. Ex's solicitor has said that our daughter is not in full time education (she is in college ~ 4 days, 10.00am - 4.00pm) our daughter is studying media arts at a lower than A level.

I have told my ex that I am entitled to child benefit until she is 19 (due to her college course) but he disagrees that maintenance should be in line with that.

Anything I can chuck at him, or do I have to get a solicitor again?
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my guess would be to look in a prospectus at the course, it should state whether the course is full-time or part-time. I only have college 3 days a week, 9-4.30 and my dad still pays maintenance even though he doesnt want to. ask your solicitor. may I ask at which level is your daughter studying, what will the qualification be that she gains?
Speak to your solicitor & find out what the court defines as full - time education.

It may also be useful to speak to your local Education Authority, at your local Council, & find out what they define as fulltime education.

If your ex is unwilling to continue to pay maintenance, would he be willing to make a lump sum available to your daughter at the start of each term or assist with the expenses incurred by her course, fees, books, etc?
Question Author
Thanks for your replies.

breathe-me, she is studying for a BTEC Diploma, if that helps? the problem I am struggling to deal with is the fact that she is still his daughter, doesn't yet work, and I still have to pay towards her living expenses! I have sacrificed a lot of my life for my kids (as you do) yet he has just had a �100 increase in mortgage payments and bought a new car & motorbike....sheesh.

I shall keep you informed.
well if it helps at all, a BTEC DIPLOMA is the equivalent to 3 A-levels, and is at the same level as them too, I'm doing the same thing and again, my mum still gets maintenance... so if that helps at all...??
Question Author
Thank you ~ I hope it does help :o)

Much appreciated!
The tax man certainly thinks that your daughter is in full-time education. See the HMRC definition for child benefit and tax credits, here:
http://www.hmrc.gov.uk/manuals/ccmmanual/CCM18 030.htm
which is amplified here:
http://www.hmrc.gov.uk/childbenefit/faqs2.htm# f

Chris
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If I could give you 100 stars I would, Chris :o)

Thank you very much one & all, you have made me feel so much better!
Question Author
Well, for the first time in 11 years we are shouting at each other ~ and I am seeing the man for what he is!

Luckily he lives 150 miles away...sheesh.

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