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 familylawexpert Your Own Question

familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
75281287
Type Your Family Law Question Here...
familylawexpert is online now

My son will be 17 years of age in January 2014. He is attending

Customer Question

My son will be 17 years of age in January 2014. He is attending harrogate army college earning approx £200 weekly. My consent order states I must say £150 per month until his 17th birthday. Does this still apply now his mother is no longer in receipt of child benefit and he is a wage earner?
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I can help you with your question.

How many hours of study per week does he have to do?

.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Since this is a Court Order then the only way that you can stop paying is by applying to the Court for a downward Variation - or for the Order to be dismissed
The dismissal will not be backdated to a date before the application was made - so the cost may well be more than you will actually save since the application fee is £255.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
I did state consent order, not court order. Are they the same?
Expert:  familylawexpert replied 3 years ago.

They are the same yes.

Clare is correct that the order remains in force, but the reason for my question about hours of study was that I was going to warn you that the mother could apply to the CSA for a maintenance assessment, which would supplant the court order. The CSA rules (regardless of what the order says) would mean that you pay maintenance in respect of your son until he is 20 for so long as he is in full-time education.

The reason for telling you that is because, if I were you, and given the short period of time that you have to hold on until the order expires, I would very much not want to disturb the status quo, and simply continue as you are - hoping the mother won't be prompted into making that application to the CSA.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Expert:  Clare replied 3 years ago.
Hi
Since the mother is not receiving Child Benefit then she cannot apply to the CSA in any event so that is not a cause for concern (provided of course that you are certain she is not)
Clare
Expert:  familylawexpert replied 3 years ago.

It is correct that attending AFC means enrolling into the army, and therefore the AFC does not count as full-time education, which would mean the CSA will not make an assessment.

 

There is no proportional merit in you applying to vary the order, which does still apply, so you should pay until January when it comes to an end automatically.

 

 

.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)