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Paying Child Support after 19 years old.

  • Charlie43
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01 Jun 12 #334563 by Charlie43
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My Husbands Consent Order for his Divorce in 2008 stated that if he and his ex couldn''t agree on maintenance then the CSA would decide. There is no mention of higher education or anything in the order. The divorce was a Clean Break with a clause saying that the wife could not go back and seek any further maintenance or money from him. He has voluntarily paid at the CSA levels since the divorce and included any pay rises and bonuses so the payments have increased and bonus payments have also been given in line with CSA guidelines. His Daughter is 19 in June and wants to go back to college for another year for NVQ level 3 course. My Husband has told his ex that he is willing to support her and will pay half her course fees etc and that any maintenance payments will be made directly to her and then she can pay her mother for keep etc. She goes to college for only 2 days a week and she also has a part time job which pays very well. My Husband pays his ex a significant amount of money each year, the divorce settlement she received was well over 800K and she is certainly not in poverty. We have now had a letter from his ex-wifes solicitor saying that they will take my Husband to court if he does not continue to pay her. Is this likely to happen or should my Husband ignore the letter and just start paying his Daughter directly from when she is 19? We are aware that the Daughter herself could take my Husband to court but this is very unlikely so is it feasible that his ex could take him back to court in these circumstances?

  • Fiona
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01 Jun 12 #334569 by Fiona
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The exact terms of the order are important. When does it say child maintenance payments should end? There is no Clean Break for CM. A clean break refers to the obligations between spouses ending, not the obligation parents have for children. It is possible to apply to court to extend maintenance payments for "children" 18+ in education or training.

However, if a child is eligible for CM under the CSA the court cannot order CM or a variation, it can only be agreed in a Consent Order. At the moment the CSA has jurisdiction for children up to the age of 19 if they are continuing full time "non advanced" education. The age is due to rise to 20 soon. You would need to check with the college if the course is full time as full time can be as little as 12 hours a week if memory serves me well.

  • Charlie43
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01 Jun 12 #334572 by Charlie43
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It doesn''t say when the maintenance will end. It just says that CM will be agreed between both parents and if it is not agreed then the case will go to the CSA. should we apply to the CSA now before she reaches 19?

  • WYSPECIAL
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01 Jun 12 #334596 by WYSPECIAL
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Charlie43 wrote:

It doesn''t say when the maintenance will end. It just says that CM will be agreed between both parents and if it is not agreed then the case will go to the CSA. should we apply to the CSA now before she reaches 19?


Not much point as it would end on 19th birthday and would prob take at least six weeks to set up.

  • hawaythelads
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02 Jun 12 #334622 by hawaythelads
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I thought ytou could get made to pay it until 20 now.I don''t think nvq''s count as tertiary education but more a continuance of secondary.
Anyway pay her pay the mother what''s the difference?
Despite my long held belief that it''s all a nice bit of bunce money for the ex harridan.Teenagers and young adults cost far more than little kids to have living with you.Kids are proper knackered for doing anything nowadays on the moving out front so a contribution should be made to the resident parent in my opinion to help with the costs of housing young adults.
The £800k divorce settlement is gone they''re entitled to that under the underlying British family law of the bloke pays principle.People will fudge the issue that it''s all sexually equal but it ain''t end of.
However,I don''t see how you go well that''s it that''s your lot when they still have the expense of the kid.I look at it as a balance sheet here''s five grand a year I''m paying in my case now if I stop paying that to the ex she could take the view well it''s my house so they are adults they can support themselves then.That''s why I think the payment should go to the mother not the kid.
You don''t realise the amount of people what have just fainted reading that.
Besides after looking after the kids they deserve a nice tax free holiday paid for
:blink::blink:
All the best
HRH x

  • u6c00
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02 Jun 12 #334626 by u6c00
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Haway, I just re-read that at least 3 times to make sure I read it right!

  • NewHorizons
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03 Jun 12 #334927 by NewHorizons
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u6c00 wrote:

Haway, I just re-read that at least 3 times to make sure I read it right!


I did too...

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