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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Hi, I wonder if you could help. As part of my divorce settlement

Resolved Question:

Hi, I wonder if you could help. As part of my divorce settlement it was agreed that I should get £350 a month for both my children until my youngest reaches tersary education. This money should be put into my account by direct debit to be cleared by the end of each month. This does not happen. I either get cash or cheque, often late. However he is now late by 2 months. My son has stayed at his grandads for a couple of weeks. He has now told me he will only give me 1 month as my son has been with his grandad. Surely he cannot do this? I believe it is up to me how I should use the child maintenance money - which doesn't even cover the cost of their outside activites. Incidentally I have every intention of offering money to the grandad for my son's upkeep. Any advice would be gratefully received. Many Thanks, Justine
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.
When was the Order made?
Clare
Customer: replied 3 years ago.
Hi, Clare,
The order was made in 2010
Thanks
Justine
Expert:  Clare replied 3 years ago.
Hi
You are fully entitled to enforce the order - and you are entitled to receive the money even though the child has been on holiday
Your options for enforcement are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
Do NOT register it in the Magistrates Court
the form you need to allow the court to decide how to enforce is here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare, Sorry for the delay in replying. The court order states that I should receive my child maintenance until my youngest reaches tertiary education. If my son decides to leave home during that time, should I still get the full amount?


Many Thanks


Justine

Expert:  Clare replied 3 years ago.
Hi
It is expected that your son will leave home to go to University
If he does leave home for good and lives permanently elsewhere then Child Maintenance would no longer be payable
Clare
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