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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.
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I have been seperated / divorced for 12 years and have never

Customer Question

I have been seperated / divorced for 12 years and have never missed a child maintenance payment during this time.

My 17 year old daughter started college this year and has recently moved down to Cambridge to be with her boyfriends parents & she has transferred colleges.

Am I still legally bound to give my ex wife child maintenance for my daughter? I have heard she is transferring the child maintenance to my daughters boyfriends parents, but i do not believe that.

Can you guide me through this?
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. First I need a bit more information:

Have you been paying child maintenance:
a) voluntarily
b) pursuant to a court order
c) under a CSA assessment?

In broad terms, how many nights in the coming twelve months, is your daughter going to stay at:
1) your ex's house
2) your house
3) her boyfriends' parents house
4) elsewhere

.
Customer: replied 3 years ago.

Mac,


 


I have been paying the child maintenance as part of my seperation agreement


 


Approx number of nights in the coming twelve months that my daughter is going to stay at:
1) your ex's house Approx 6 to 8 weeks
2) your house One week
3) her boyfriends' parents house 43 Weeks


4) elsewhere

Expert:  familylawexpert replied 3 years ago.
Thanks.

And a couple more questions:
- is the separation agreement a court order?
- how much are you paying?
- how much do you earn (after tax)?

.
Customer: replied 3 years ago.

The seperation agreement is a court order where I pay £214.67 per child (£429.34 Total). I earn after tax £3400. We live in Glasgow and my Daughter now in Cambridge


 

Expert:  familylawexpert replied 3 years ago.

Thanks. Can you confirm that those figures are monthly?

I had not appreciated that you had another child together - how old is she, and what is she doing?

.
Customer: replied 3 years ago.


The figures are monthly figures and I have a 15 year old son who is still at secondary school in Scotland

Expert:  familylawexpert replied 3 years ago.

And, finally, what does the court order specifically say about the payment of child maintenance? (eg, perhaps it says until 18 or the end of secondary education)?
Customer: replied 3 years ago.


It states child maintenance whilst in full time education with my ex wife being the resident parent

Expert:  familylawexpert replied 3 years ago.

Unless you apply to vary the order, you will continue to be bound by it. The terms of the order require you to pay maintenance to your ex for the children, and so that is what you are required still to do.

However, you can apply to vary the terms of the order. You would need to be able to persuade the court that the current circumstances were different to what was envisaged in the order (which may not be difficult) and that in that situation the arrangements should be changed.

I suggest that you decide whether you consider it fair that you make a contribution to the boyfriend's parents, and then make an overall suggestion to your ex for the future payments. If she doesn't agree, then suggest that the two of you discuss it with a mediator, as anything like that will be miles better than going back to court.

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:  familylawexpert replied 3 years ago.
Hello,

I noticed that you have not rated my answer, and wondered whether there was some aspect of your question on which you would like further help? If so, please let me know.

Kind regards,
Mac

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