Child maintenance: Is a paid college third year internship considered FT education?

Zipppy

Quick Q
Daughter now 20, been paying ex child maintenance following divorce, daughter now on college paid third year work experience internship for 11 months (paid 17k for year), also she lives with me for vast majority of the time yet I'm still paying ex.
My thoughts are that a PAID work internship is not FT education and therefore I shouldn't be paying child maintenance to ex (let alone the living arrangements..that's another days work)
Thoughts?

TimeToShine

Usually these placements fall under the category of college modules. To progress she needs to complete and pass the placement, not all of which are paid. So instead of taking 12 subjects and passing in third year she does a year's professional work placement worth the same number of college credits - and which needs to be passed accordingly. As a result, I'm afraid that she is still technically in FT education.

desbrook

Could you go to family court and seek a variation?? If she's earning 17k a year that surely indicates a "fundamental change " in the the household income . This " fundamental change " means you have the right to seek a variation I would think.

Zipppy

Just to add this is an optional year...she could just have continued straight to 3rd and final year but decided at a late stage to do years placement....

As for court variation order I was rather hoping not to have to go that route...not even sure whe to start tbh.

TimeToShine

Zipppy wrote: »

Just to add this is an optional year...she could just have continued straight to 3rd and final year but decided at a late stage to do years placement....

As for court variation order I was rather hoping not to have to go that route...not even sure whe to start tbh.

That's different. It sounds like she took a year out to work, something a lot of colleges offer but in this case she's not doing it to complete college credits.

Maybe mention it to the mother first and see if you can come to a compromise.

Zipppy

TimeToShine wrote: »

That's different. It sounds like she took a year out to work, something a lot of colleges offer but in this case she's not doing it to complete college credits.

Maybe mention it to the mother first and see if you can come to a compromise.

Mother doesnt compromise....

As my divorce states that payment should be made until end of FT education I'm guessing I dont need to do out but stop payment? (obviously I'll give ex notice)
I can sort out final year next year...

desbrook

Zipppy wrote: »

Just to add this is an optional year...she could just have continued straight to 3rd and final year but decided at a late stage to do years placement....

As for court variation order I was rather hoping not to have to go that route...not even sure whe to start tbh.

2 places it can start. Your District Court Office or your solicitor. I would.

Zipppy

desbrook wrote: »

2 places it can start. Your District Court Office or your solicitor. I would.

Thanks

Looking at variation order here...I assume I can just 'DIY' and get court clerk to issue...

Zipppy

desbrook wrote: »

2 places it can start. Your District Court Office or your solicitor. I would.

Ok coming back to this after a months procrastination ....

Can anyone advise where to start with variation order?
I dont want a solicitor ...

Do I simply head to me local district court ? If so who do I ask for there?

desbrook

Zipppy wrote: »

Ok coming back to this after a months procrastination ....

Can anyone advise where to start with variation order?
I dont want a solicitor ...

Do I simply head to me local district court ? If so who do I ask for there?

Yes you can do it yourself at your local office. The term is variation afaik . Ask - posters often report how helpful the staff are. Best of luck.

HelenV

desbrook wrote: »

Yes you can do it yourself at your local office. The term is variation afaik . Ask - posters often report how helpful the staff are. Best of luck.

A word of warning - if a maintenance order was granted by the court and you simply stop paying it your spouse may be entitled to claim arrears. I know of a case where a spouse claimed 15 years although they had an agreement to cease between themselves at the time. Yer man got hammered.

You should fill out an Application to Vary and lodge it with the District Court office. They will give you a date for the hearing and you serve a copy of it on your spouse. She will either attend herself or have legal representation to argue the toss with you. It's really a simple process and it's worth a try.

If a District Court office is under pressure due to staff shortages etc. they may not have the time to help.

Sala

The district Court can't vary a maintenance order made in the higher courts so if the maintenance was ordered at the divorce stage that will be wither the circuit or high court and you will have to return there to vary it