How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34479
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I am divorced, my ex wife and 3 Children occupy the former

Customer Question

I am divorced, my ex wife and 3 Children occupy the former marital home. The youngest child was born 16/02/1996.
There is a mesher order 60/40(me) for when our youngest child is 18 or completes full time secondary education.
I am told by my son that our youngest is at college but I have been unable to get further information.
I believe that my ex's brother has history of mortgage and property fraud.
1. How do I find out if youngest child is attending full time secondary education?
2. What is the best way to avoid skulduggery regarding the final settlement?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Are you still paying maintenance for the youngest?
Clare
Customer: replied 4 years ago.

Hi Clare,


Via the CSA however they have decided that my income is so low that my contribution is zero.


Regards


Malcolm

Expert:  Clare replied 4 years ago.
Hi
Have the CSA said that the case is no longer open?
Claire
Customer: replied 4 years ago.

Hi Clare


No, the case will be open untill Sarah's 19th Birthday 16/02/2015.


Regard


Malcolm

Expert:  Clare replied 4 years ago.
Hi Malcolm
When did you last contact them (this is important as it may tell us if your ex is still in receipt of child benefit)
Clare
Customer: replied 4 years ago.

Hi Clare


I went to a tribunal 26/9/13. My ex failed to attend. It was a complaint regarding the level (zero) of maintenance due to my level of income since I retired in January.

Expert:  Clare replied 4 years ago.
Hi
At the tribunal was it confirmed that she was still eligible for CSA payments?
Claire
Customer: replied 4 years ago.

Hi,


Yes she is still eligible for CSA payments.


Malcolm

Expert:  Clare replied 4 years ago.
Hi
The only way this could be the case is if your youngest was still in full time (more than 12 hours a week) secondary education as that is the only basis on which Child Benefit would still be paid and thus you would still technically be liable to a CSA assessment.
I also have to give you bad news and say that under new rules this continues now until her 20th birthday (if she stays in secondary education)
So it will be sensible to contact the CSA next September and they can then confirm if there is still an assessment in place.
If they say no you are entitled to assume that she is no longer in Secondary education and as k for three Valuations to start the process of realising your charge
I hope that this is of assistance - please ask if you need further information
Clare