Advice on breaking consent order

My ex has been paying me the same amount of money for the past 13 years it has never gone up, and now he has suddenly stopped. I have asked him why and am being ignored so I assume it''s because the youngest is 18(last week and doesn''t finish his a levels until summer)in the consent Oder it states "they will end on the youngest researching the age of 18 or ceasing tertiary education to the end of the first degree " does this mean he should be still paying until my youngest finishes a levels or continue til he finishes uni?
I believe he still out of order to just stop and annoying thing is he won''t correspond with me do I go back to seek legal advice

He may, perhaps be justified in ''just stopping ''.

If the order says that SM on a certain date or on the occurrence of a certain event ( like the death of the recipient ) and that event occurs, you don''t have to go to Court to get a discharge, because the order itself states when the SM is to end.

I think you probably do need some legal advice, because where you have a fixed term order - an order that the SM ends on a certain date or on the occurrent of some event, it means just that.

It is possible to apply for an extension of the SM but the application MUST be made before the specified date or event. Otherwise it simply lapses and cannot be revived.,

If you have correctly given me the text of the order, I''d say it was badly drafted. It should have words like '' whichever is the earlier /later''.

I think you should get legal advice, and probably quickly, on the basis of what you are telling me.

LMM

Thanks, but can you please explain what SM exactly means?
The exact wording is will end on the later of the children researching 18 or ceasing tertiary education to the end of the first degree course , I interrupted that it would end on him finishing university if he went or at the very least his a levels which will be August this year not literally the day of his 18th

SM = Spousal Maintenance.

Sorry, Caroline.

I have been an adviser on wikivorce something like nine years and have come across Court orders in all shapes and sizes.

I cannot possibly advise on an order which I have not seen. And I mean, seen the whole order, not extracts from it. I would never advise non-legally qualified people to draw up Consent Orders. I
have seen some of the things which happen when they do.

Unfortunately, from a purely practical point of view, it is difficult for you, or anyone else, to send a copy of the full order to advisers like me.

But I repeat - it is absolutely essential that I see the whole order and not just extracts from it. For example, you have used the word '' researching '' when I suspect you meant '' reaching ''.

Let me ask you this. When SM is expressed to be payable until a child has finished his A levels - does that mean will he takes the exam, or until he gets the results ? This is why careful drafting can matter.

But I can be pretty certain about one thing. If the SM is expressed to end on someone''s 18th birthday, it means exactly that.

If he goes to uni, the SM continues till he ends tertiary education, limited to the completion of the first degree, not postgraduate courses or anything like that.

I suppose that, at this stage, it may not be clear whether your child will go to uni, probably because it may depend on his A level results. So I guess you could argue that SM should continue until it becomes clear whether will will go to uni or not.

But I repeat you should be taking legal advice.

LMM

Yes a few typos, apologies it''s auto correct didn''t notice.
After e mailing my original solicitor I have confirmation that he is meant to pay til youngest finishes a level s or if he goes to uni then he must pay

I have also had acknowledgement from my ex stating he is no longer paying as I have just moved in with a partner and he believes his duties have been fulfilled!
It''s a joke he rarely sees the children , never has, his choice!yes believes his duties are over, being a parent is a lifetime commitment!

Imy next step I believe is to have now to go to solicitor for a official letter, in hope it will make him realise he is out of order

I''ve has never paid me the full agreed amount in over 13 years, short of £84 a month and I have been kind and let it go, I''m on minimum wage yet he is on over £50k it''s a joke

Rant over

Thank you

By all means consult your solicitor. I agree you need to take enforcement action.

Be aware that :

1. Any attempt on your part to enforce the order may well trigger off an application by him for a variation of the SM. This happens quite a lot.
2. Any application for a downwards variation can ( in theory ) result in an upwards variation. The Court will look at the whole position afresh.
3. If it should happen that your '' child '' will not go to uni, then it is
arguable that his/her 18th birthday has passed and t he maintenance may end. You could in theory apply to have the term extended, although I warn you this is not always easy. Such an application, if made at all, has to be before the fixed term expires.

LMM