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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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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Hello. I have a court order which states that my ex husband

Customer Question

Hello. I have a court order which states that my ex husband must pay £500 per month as maintenance for my daughter. When she turned 18 he decided to pay it directly to her (which I think is legal?) She pays me £300 per month for rent and expenses and she keeps the rest. He telephoned her on Christmas day (he lives in another country) and said he was reducing the amount to £250 per month and was going to pay the rest into a savings account, for her to receive when she goes to University? That means I cannot get the full rent and she will have nothing to save or spend. Can you tell me if this is legal please?
I thought that maintenance was just that, to help maintain the child whilst she is at home?
Please let me know what my options are. Thanks Jill
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
When does the Order say that payments should stop?
Clare
Customer: replied 2 years ago.

Hi Clare, thanks for responding. I couldn't find my question after posting - hence the delay! The court order states as follows:-


 


"To the Petitioner for the benefit of Abigail and Aiden the sum of £400 per calendar month each until they attain the age of 17 or cessation of their respective full time education to include tertiary education whichever later, upon such child attaining 18 the respondent will pay the funds directly to the said child"


 


Aiden is 13 and Abigail is 18 and is working towards university entrance in September 2014. The amount which I am querying is now £500 (because of the increase in RPI over the years) and is to do with Abigail who is 18.


 


Many thanks Jill

Expert:  Clare replied 2 years ago.
Hi
Your ex is certainly not allowed to divert some of the monies to a savings account even though the Order unusually allows payment direct to your daughter.
This being the case you need to politely inform him that of he does this then YOU will take enforcement action against him.
Assuming he still has assets and income on the Uk this should not be a major problem
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare. If he disagrees (which he will) then what action do I need to take against him (i.e. what do I ask a solicitor to do?)

Expert:  Clare replied 2 years ago.
Hi
What assets and income does he have in the Uk?
Clare
Customer: replied 2 years ago.

He lives in Italy and does a lot of ducking and diving so not really sure. As far as I know he works for a chemical company which is German, but gets paid from the UK. He also has a consultancy business with premises in Buckinghamshire. It was set up in May - with him and his Italian wife listed as directors. He is remarried and "lives" in Italy but rents a house in Milton Keynes where he works Tuesday - Friday then flies back to Milan for the weekends.

Expert:  Clare replied 2 years ago.
Hi
Then your enforcement options are set out here http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
You can chose your own option - or allow the court to decide how to do it by using this form http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf
I hope that this is of assistance
Clare
Customer: replied 2 years ago.

Thank you very much Clare. I will start the process. Happy New Year!

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - good luck
Clare

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