Apprenticeship
Author
Discussion

solo2

Original Poster:

1,009 posts

177 months

Tuesday 9th January 2018
quotequote all
For the legal bods, my eldest is 17 and looking to get an Apprenticeship job. Apprenticeship wages are £3.50 and hour so their pay will not be huge.

I get a pitiful amount from the Ex as maintenance. As the apprenticeship is still part college and therefore technically in education does he still need to pay maintenance or should I tell him to cease?

I would like the legal not moral answer please as my solicitor doesn't seem to want to answer my email with any form of urgency irked

thanks

w8pmc

3,385 posts

268 months

Tuesday 9th January 2018
quotequote all
IANAL, but back in the CSA days, the Child Maintenance liability ceased when the child left full time education, which most certainly includes College & IIRC it was the end of the last term, so assuming the child's at college, payments would cease around June/July time of the childs final year in college.

I'd be surprised if this has changed in any way.

Amused2death

2,526 posts

226 months

Tuesday 9th January 2018
quotequote all
Isn't the issue one of "fulltime education"?

If in fulltime education then as long as the primary parent is receiving Child benefit Cm is payable by the non resident parent.

No CB = CM stops.

That is my understanding as a NRP.

akirk

5,778 posts

144 months

Tuesday 9th January 2018
quotequote all
lots of info with a quick google...

this law blog: http://www.marilynstowe.co.uk/2017/03/22/child-ben...
suggests:
blog said:
What is a qualifying child? First the easy bit: if the child is under 16 then they are a qualifying child. However, children between 16 and 20 can also be a qualifying child if they are in full-time non-advanced education or child benefit is payable for them – provided they are not, or have not been, married or in a civil partnership.

The full-time non-advanced education part is relatively straightforward and I am not concerned with it here. However, the child benefit part can be surprisingly difficult.

Before we look at the case, we need to look at the basics of when child benefit is payable. Essentially, it is payable in respect of any child under 16 or under 20 if they are in approved education or training. However, child benefit stops if the child starts paid work for 24 hours or more a week and is no longer in approved education or training, if they start an apprenticeship, or if they start receiving certain benefits in their own right, such as Income Support.
presumably they are no longer in full-time non-advanced education - and if child benefit stops with the apprenticeship then that will no longer apply - so implies that payments stop...

Gargamel

16,371 posts

291 months

Tuesday 9th January 2018
quotequote all

The detail is here

https://www.gov.uk/child-benefit-16-19

However some is a little amibgious in my view. However its probably the 12 hours or more that counts as "full time education"

You would get the money if the apprenticeship was unpaid.

However I suspect this is not a legal thing in terms of sorting it out with your ex


Sycamore

2,203 posts

148 months

Tuesday 9th January 2018
quotequote all
When I started my apprenticeship at 16 in 2011 I believe the payments to my Mum stopped as while still in education, it wasn't strictly classed as such, despite being at college full-time for the first year.