Outfit: Lunar Newstar 58 Location: North Yorkshire Joined: 31/5/2004
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Between the age of 16 and 18 unless the young person is in full time employment then they should be in either Education (full time), training or apprenticeship.
Apprentices are not counted as full time students as the funding is different. They get the funding direct with a top up from the employer (to national minimum wage). They are classed as Apprentices and wage earners.
Might like to visit CAB or have a word with your local college regarding the classification.
There did used to a Pathway Led Apprenticeship in which the young person got nothing and the employer/trainer used them to work for nothing. I sincerely hope they have gone now!!
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Outfit: La Caravana Location: Costa del Essex Joined: 25/1/2010
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I sense a slight agenda in the op. If the op believes the money he is paying is not benefiting his son directly or the op believes he is being taken for a ride by his ex then I would suggest he simply stops paying it. It sounds as if the boy is now earning money in a full time job & if he is then no maintenance is payable anyway.
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Surely if a child leaves school and is in a full time paid job any maintentance payments stop. When I started work in the 60s I had to start paying rent to my Mum and woe betide me if she ever had to ASK for it. It had to be ready on the dot.
When my ex and I divorced we came to an amicable agreement on how much I was to pay for the 3 of my children she took with her when she left....My oldest boy decided to stay with me!!
All legally drawn up by both set of lawyers....With my own lawyer suggesting I produce a receipt book at every monthly payment to record my adherence to this method....X amount paid in full each month and signed by my ex to show I was keeping up with the prescribed payments....
In addition to this there were certin extras I paid without question...The new school uniform etc etc etc....
All hunky-dory and going along nicely with the kids well catered for and both parents happy with the arrangements....
This all changed when a few months later due to the stress of the separation and other things going on in her life my ex had to give up her job due to ill health....
This is when the CSA got involved and without belabouring the point or expanding on the circumstances my life became a living hell for about 18 months!!!...
During that time I was hounded by the CSA as an absent father uninterested in his children's well being or upbringing etc etc etc....
All they had on file about me was that I was paying X amount towards my children... Way Way less than what they thought I should be paying...Though my ex....Her lawyers,,, Me and my lawyers all thought what I was paying was sufficient and more than adequate..
I had a constant stream of phone calls(Each one to or from a different CSA centre) demanding that I pay the amount they deemed fit....Or face the consequences of court action brought against me by the CSA....Despite (without prompting) letters from my ex stating she was happy with the amount paid by myself....
Things came to a head one evening where I was threatened over the phone with court action by an obnoxious jobsworth in the Cardiff(of all places) office if I did not conform to his personal wishes and start paying the required amount immediately....Suffice to say the conversation was not to my liking and on hanging up I immediately called the Cardiff office back asking to speak to his line manager....I explained I felt threatened and abused by this employees call....Outlined the basics of the conversation and was assured that no employee in their department had the right to speak to me in that tone....I then directed them to the prerecorded "This call is recorded for training purposes and can and will be used as evidence if so required" part of every CSA call and asked the line manager to pull the tape from a few minutes ago and listen to it''''
Upshot was....This fellow had stepped way over the mark....Was suspended from his post pending an inquiery ....And as a gesture of good will the line manager was willing to delete my file from the CSA's data base if I agreed to take the matter no further....
I have not heard from them from that day to this....I continued to pay the agreed amount to my ex until the age whereby payments ceased(And beyond)
I found out that the sum the CSA wanted off me exactly matched the amount my ex was claiming from the unemployment office....And that none of this increased amount would actually be paid to my children.....But was soley to replenish the goverments coffers in admin costs....
Point of this long winded discourse.....All along the way...make sure every penny you pay is logged and recorded (Even into adulthood and beyond...Further education etc) or it may come back to bite you on the bum....
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Kids now have to be in some kind of education (i.e. sixth form sitting A Levels or at college) until age 18 OR on an approved apprenticeship. Some of these would still qualify the parent with custody for Child Benefit until they are approximately 19 years old. It all depends on what the courses are, the qualifications being studied for and the type of apprenticeship.
The only thing I would add is that even if legally you are no longer required to pay any child maintenance for him, then bear in mind that if he is being paid the usual pittance whilst on an apprenticeship, he will virtually be working for nothing anyway, when you take into account his travelling costs etc. The minimum wage for apprentices is I think about £2.70 per hour - but it may be he is fortunate and working for an employer that pays better rates. Not many do.
Location: East Sussex Joined: 02/6/2005
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Quote: Originally posted by kate w on 20/9/2015
We didn't qualify for child benefit for my son when he did his apprenticeship a couple of years ago, unless the rules have changed?
There are 2 different sorts of apprenticeship. If the apprenticeship involves a contract of employment, child benefit is no longer payable. If it is essentially a college course course with work placements, it counts as full-time education and child benefit is still payable.
Outfit: Adria Adora Premium Yeti 4x4 run about Location: Southport Joined: 13/1/2013
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I stopped paying when each child reached 17 years of age and was wage earning in apprenticeships and my youngest after she finished uni. I still had to pay the ex until she remarried before daughter finished uni. the ex tried to keep it quiet but the boys told me she had remarried and had to sell the house to give me my half.as my solicitor had put in a clause that no other male bar my two sons could live in the house.