If you are stuck in such a situation, here is what to do.

Mr. Alistair Finch, a resident of Brighton, finalised his divorce over a year ago. A key component of the financial settlement was a Consent Order, which is a legally binding agreement approved by the court. The order contained a specific clause regarding periodical payments (child maintenance) for his son, Leo. The clause stated: “Payment shall start forthwith and shall cease upon Leo attaining the age of 18 years or ceasing full-time secondary education, whichever shall be the later.”

Leo is now approaching his 17th birthday and has decided to leave his sixth-form college to begin an apprenticeship with a local engineering firm, “Innovate Mechanics Ltd.” Mr. Finch finds himself in a state of uncertainty. He believes that an apprenticeship does not constitute “full-time secondary education,” and he is questioning whether his legal obligation to make payments under the Consent Order has now ended. He is also aware of a rule that allows the Child Maintenance Service (CMS) to take over jurisdiction from the court after 12 months and wonders how this impacts his situation, especially since the CMS has its own criteria for when maintenance payments cease.

Advice in such cases

The primary issue revolves around the interpretation of the phrase “full-time secondary education.” An apprenticeship, which involves employment combined with training, is typically not considered full-time secondary education (like A-Levels or equivalent). Therefore, based on the strict wording of the order, the trigger for payments to cease would be Leo leaving his college.

However, unilateral action is ill-advised. The first step should be to open a dialogue with the other parent to seek an amicable agreement. If an agreement cannot be reached, and the Consent Order has been in place for more than 12 months, either parent has the right to apply to the Child Maintenance Service (CMS). The CMS would then conduct its own assessment based on its own rules, which would supersede the maintenance provision in the court order. It is important to note that the CMS may consider a child in an apprenticeship as being in “approved education or training,” potentially extending the maintenance liability until the child’s 20th birthday, depending on the level of the qualification.

Applicable Sections of Law

The legal framework for this situation in the UK is governed by several key pieces of legislation:

• Matrimonial Causes Act 1973: This Act provides the courts with the power to make financial orders upon divorce, including periodical payment orders for children, which are often formalised in a Consent Order.
• Child Support Act 1991: This Act established the statutory scheme for child maintenance, now administered by the Child Maintenance Service (CMS). Section 4(10) of this Act contains the provision that allows either parent to apply to the CMS for a maintenance calculation after a court order has been in place for at least one year, effectively removing jurisdiction from the court on this matter.
• The Child Support Maintenance Calculation Regulations 2012: These regulations define key terms used by the CMS, including what constitutes a “qualifying child” and what is considered “approved education.” This is crucial for determining if maintenance is payable for a child over 16 who is not in traditional full-time school.

If you are the complainant

If you are the paying parent in this scenario, your primary argument rests on the specific wording of the court order. An apprenticeship is not “full-time secondary education.” You should gather evidence confirming the child has left school and started the apprenticeship. Your best course of action is to communicate with the other parent to agree on a cessation date for the payments. If they do not agree and the order is over 12 months old, you can make an application to the CMS. Be prepared that the CMS calculation may be different from what you were paying under the court order. If the order is less than 12 months old, you would need to apply to the court to vary or discharge the order due to a significant change in circumstances.

If you are the victim

If you are the receiving parent, you may feel the paying parent is attempting to cease support prematurely. Your position would be to check the CMS rules carefully. An apprenticeship might be classified as “approved education or training,” especially if it is non-advanced (i.e., below degree level). If the court order is over 12 months old, you can apply to the CMS for a statutory calculation, which may result in payments continuing. If the paying parent stops payments without agreement or a CMS assessment, they are in breach of a court order, and you could initiate enforcement proceedings through the court.

How the police behave in such cases

Disputes over child maintenance are a civil matter and fall entirely outside the remit of the police. The police will not intervene or get involved in disagreements about the interpretation of a Consent Order or the cessation of payments. Their involvement would only be warranted if a related criminal offence occurred, such as harassment, threats of violence, or criminal damage, which is separate from the financial dispute itself.

FAQs people normally have

• Does an apprenticeship count as “full-time secondary education”?
  

  In the context of a court order, generally no. “Secondary education” usually refers to school up to A-Levels. However, for the purposes of the Child Maintenance Service (CMS), it may be considered “approved education or training,” which can extend maintenance obligations.

  
  
• Can my ex-partner just stop the payments?
  

  No. They should not stop payments unilaterally without a clear agreement with you or a formal decision from the CMS or the court. To do so would place them in breach of the existing court order.

  
  
• What is the “12-month rule”?
  

  This rule, under the Child Support Act 1991, states that once a court order for child maintenance has been in place for at least 12 months, either parent can apply to the CMS. The CMS’s subsequent calculation will then override and replace the amount set in the court order.

  
  
• What if we cannot agree on the interpretation of the order?
  

  The first step is communication, possibly through a family mediator. If that fails, the options are an application to the CMS (if the 12-month rule applies) or an application back to the family court to ask a judge to rule on the meaning of the clause or to vary the order.

  
  

What evidence is required?

To resolve this matter, you will need clear documentation. Key pieces of evidence include:

• The sealed Consent Order from the court.
• Written proof that the child has left full-time secondary education (e.g., a letter from the school).
• Evidence of the new situation, such as the apprenticeship agreement or a letter from the employer/training provider.
• A record of all communications (emails, text messages) with the other parent regarding this issue.

How long will the investigation take?

This is not a police “investigation.” The timeline depends on the path taken. Reaching a private agreement could be immediate. An application to the CMS for a new calculation typically takes several weeks, but can sometimes take a few months to be fully processed. If you must apply to the court to vary the order, the process is significantly longer and can take anywhere from 6 to 12 months to reach a final hearing, depending on court backlogs.

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India