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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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I have a "child" maintenance court order which is now 18 years

Resolved Question:

I have a "child" maintenance court order which is now 18 years old, but covered my daughter up to the end of full time education. She was until September in her first year of uni, but has decided to do an NVQ. She is therefore partly at college & party in the workplace but not earning enough to support herself, in fact less than the student loan.

The order was registered because my ex had defaulted, and collected by the Magistrates court on my behalf. They will not collect any further payments as they don't deem NVQ full time education (wording of order). I have asked ex to agree to variation but he will not communicate with me.

If he won't co-operate, I understand from the court that I can fill in a form A and request "application to vary under S31 Matrimonial Causes 1973" from County Court where the order was made. Can anyone help me both with the likelihood of success & how complex it is. I would have to represent myself.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am afraid that if the magistrates Court has decided that the Order is at an end you cannot reopen it at all.
However your daughter can make an application in her own right under Schedule 1 of the Children Act using form C1 available here http://www.familylaw.co.uk/system/uploads/attachments/0002/1995/c1_e.pdf
Alternatively you can re apply for Child benefit if it is an NVQ 12 or 3 and she is in college for more than 12 hours a week
This will enable you to ask the CSA to complete an assessment
Please ask if you need further details
Clare
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