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Child to repeat Year 12

Advice on repeating high school and CS payments.

Hi All - my daughter turns 18 this year and is in high school.   High school have suggested that she needs to repeat the last year next year.  Does this mean I have to continue supporting her through CSA?   Already have agreement in place that as her school year this year was due to finish in Oct her CS would stop then; however school have called to say the above?   I would value some advice.

I would prefer to support her outside of CSA and I know she will be getting the money:)
Hi Loco, that's a very good question, and It might be that you require  legal advice on the matter if it becomes an issue.  Have you asked the other parent how she feels re this, and are you able to discuss the matter perhaps?  Morally you could say you have met your obligations to your daughter, however I have noted that for you its not really about the money and you are willing to support her regardless.

With hindsight I  would take the path of least resistance for all of you because you are fast reaching the point where your daughter will be making her own mind up if she isn't already, and it might be that one day she will thank you for supporting her….just a thought, and the less stress the better.

There is no legal requirement that you must use the CSA. However if one parent applies then the CSA must consider the application. Pressure is placed upon parents receiving benefits as benefits may be reduced if no application is made. Parents can also apply, elect private collect and agree to pay whatever they wish, which could be nothing.

With regard to agreements there are two types binding and non-binding, that can be registered with the CSA. The latter cannot result in an amount that is less than a notional assessment (i.e. what would be paid if an application were made). As such only a binding agreement, if registered would negate the 18+ payment of CS. Binding agreements cannot be altered nor can the CSA not accept them.

However, whether or not the 18+ continuance of CS applies depends upon the parent applying before the respective child turns 18. In which case the CS can be extended to the end of the school year that is within 1 year of the child's 18th birthday. As such if the child turns 18 before the end of this school year (the official school year, so December (the actual date depends upon the state)) then continuance isn't an issue.

You may wish to have a read of the CS Guide in relation to 18+ continuance:-

CS Guide - 2.5.5 Application to Have an Assessment Continue Past a Child's 18th Birthday

Agreements are covered here:-

The CS Guide - 2.7 Agreements
Thank you Basic Instinct and Mike T for your responses; they were much appreciated.

BI - my ex-wife and I do not communicate at all over these matters; the only time I am privy to any changes is when I receive a letter from CSA informing me of changes. Anything else is based on 'you pay but you don't need to know anything.   However all that a side I am the father and have responsibilities for my children regardless of my ex.   As I said; I would prefer to give my daughter the money for her to manage in this year.

Mike T - I have read it all now and see yes that can happen for 365 after the 18th year and further under very special circumstances.

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