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Maintenance at University?

  • tillie1234
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19 Sep 12 #356774 by tillie1234
Topic started by tillie1234
My ex-husband paid maintenance (by order) for our daughter until she finished full time education at school. He verbally agreed with her, to pay her accomodation/living costs whilst she is at University. Less than two weeks after she has started University ''conditions'' are now being attached to this arrangement. I was concerned this would happen as it is in his controlling nature to do so (I divorced him because this) Can my daughter put this financial arrangement on a ''legal footing'' i.e. apply to the courts for him to maintain her whilst she is at University?
Many thanks for any help with regard to this.

  • Fiona
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19 Sep 12 #356784 by Fiona
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What are the exact terms of the order and when was it made?

Over 18s in education can apply to courts for maintenance from separated parents in their own right and are currently eligible for legal aid. The courts would then consider the resources of both parents and the "child" when making a decision. If your ex can afford to contribute he could then be ordered to pay child maintenance although it is pretty awful for an 18 y o to take a parent to court.

  • fairylandtime
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19 Sep 12 #356785 by fairylandtime
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I am sorry to hijack but am expecting a simular problem next year ... Fiona, if the Consent Order states "until end of first degree" but is 2 years old by the start of first degree, is it still enforceable.

Don''t mind if e amount is paid direct to my child as he gets it in full now, but expecting x to stop paying and not sure if it is enforceable?

Sorry again tillie1234 but a simular anticipated situation.

JJx

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19 Sep 12 #356786 by tillie1234
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Thank you for your reply Fiona, the order was made in 2005 and reads
''Such periodical payments shall end on the later of (name)(1) reaching the age of 17 or (2)(if later) ceasing full-time secondary education or further order.''
I absolutely agree with you that it would be awful for our daughter to have to resort to the courts but sadly her Father equates money with power (he naturally would deny that) but as I have stated, conditions are now being attached to what he views as ''his generosity'' He is a ''top income bracket'' earner and can comfortably afford to finance her.

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19 Sep 12 #356795 by pgs1975
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Do you mind if I ask what conditions he is applying to it ?

  • spooky
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19 Sep 12 #356815 by spooky
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As per other post, I went to Court and extended the existing order to include Uni education for my 4 daughters.

The Judges reasoning was that if we had remained married the expectation would be that the children would all attend Uni so they should not be penalised by the divorce.

I self repped, it was not diffult!

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