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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Help..my son is 18 (jan 3) and in college. (uk) My ex has

Customer Question

Help..my son is 18 (jan 3) and in college. (uk) My ex has paid maintenance all the way since our divorce 15 yrs ago. He rang today saying he is stopping paying now. My son is in full time college and has another year to go. We will lose our house if he stops paying and we will not be classes as priority...we will have no where to go. How long does he have to keep paying? Please help me


 


He is doing nvq level 3 which is equivalent to a levels.

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Your ex remains liable for child maintenance whilst your son remains in secondary education
You can ask the CSA to complete an assessment - but if they hesitate because of your son's age then either you or your son can apply to the court under Schedule 1 of the Children Act
More details here
http://www.edwardsduthie.com/finance-for-children-and-the-child-support-agency.html
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 4 years ago.


Thanks for that Claire, just to clarify, he is in college and not secondary school. Also we did not go through the CSA, my ex did an online calculator of how much to pay and that is what we stuck with...I did not sign any agreement with him though.

Expert:  Clare replied 4 years ago.
Hi
College is still Secondary education - and I suggest that you refer his back to the CSA so that he understands he still has to pay!
Claire
Customer: replied 4 years ago.


Hi Clare, I had a feeling this was not over.


 


My ex has just rang and told me he is being made redundant next week. I am sure he will be getting redundancy money and he is also married and his wife works.


 


What is the position about him still paying until my son is 19?


 


Thanks.

Expert:  Clare replied 4 years ago.
Hi
He will have to keep paying from any "pay in lieu of notice" that he receives - but if he has no income then he does not have to pay maintenance I am afraid
Claire

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