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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


JSA and Full Time Employment

  • JamesTaylor
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02 Jul 12 #340530 by JamesTaylor
Topic started by JamesTaylor
My ex and I are covered by a Consent Order for the children which means that I should pay Child maint. until my daughter is 17 or ceases full time tertiary education. My daughter is now 18. between Jan 2012 and April 2012, my daughter received jobseekers Allowance. Now she''s in a full time job Assistant Care worker job.
My ex maintains that my daughter is still in education studying a Level 2 ICT course since January 2012. She also states that my daughter is about to start a Personal and Social development course and also that she is in emplyment as that is the only way she can get onto an NVQ course in Social health care.
To me, my daughter has made it clear that she wants to get a job (hence the JSA) and now she has started work, she is trying to further her career in social care by taking a vocational NVQ.
Also, the PSD course (how to write a CV, how to spend one''s free time and other such subjects) seems to be an attempt to rack up the portfolio of courses to try and convince magistrates my daughter is still in FTE. Surely there must come a time when the courts can see that my daughter has left education and is now embarked on a career, in which she is earning more than the minimum wage.

As I have stopped paying maintenance (since january) we''re back in court this month.

Any thoughts ?
Thanks,
JT

  • Rumplestiltsk1n
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05 Jul 12 #341247 by Rumplestiltsk1n
Reply from Rumplestiltsk1n
Time for your ex to get a job i think, and to start supporting herself. Your daughter seems to be doing it. So should your ex. She can''t rely on you forever!

  • Child Maintenance Options
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10 Jul 12 #342231 by Child Maintenance Options
Reply from Child Maintenance Options
Hi JT

Thanks for the post. To avoid the possibility of arrears, you should continue to make child maintenance payments until the situation in court is clarified.

The CSA ensures that child maintenance is paid until a child is 16 or 19 if in full time education (A level or equivalent). However your Consent Order states that payments should continue until your daughter is 17 or cease full time tertiary education, and the exact meaning of tertiary education is open to debate.

In some cases, it refers to university education and in others to merely any education above secondary school. I would suggest that you get legal advice prior to your visit to court this month.

And I would suggest that you pay your child maintenance payments until a definite decision in court is confirmed.

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