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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33529
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 pay child maintenance to my wife for my two boys (c.£850

Resolved Question:

I pay child maintenance to my wife for my two boys (c.£850 per month each) under a court Ancillary Relief order agreed in 2005.

The payments are to continue until age 18 or to the end of first degree.

My one son is at University on a four year degree. This August he will be in full-time employment as part of his sandwich course (one year+). My question relates to maintenance payments during the 12-15months my son works - is child maintenance due.

The Order is silent on this matter, my question is is Child Maintenance payable while my son is in full time employment?

Faz
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Do the University still consider him to be enrolled with them?
Clare
Customer: replied 2 years ago.
Yes it's a four year thick sandwich course. The placement is for a min of 12 months full time employment but serves as industry experience for the degree course.

Expert:  Clare replied 2 years ago.
Hi
Is your son going to be paid at the full going rate whilst he is there?
Clare
Customer: replied 2 years ago.
Yes the salary will be 20k to 30k depending on which job he finally accepts. It's full time employment but part of his degree course aimed at getting real industry experience for a year. They work anywhere in UK or abroad for some in IT jobs.


Expert:  Clare replied 2 years ago.
Hi
It is likely to be seen as a Grey area by the court.
Technically he is still in Tertiary education so the Order is in place - but I cannot see any court agreeing to enforce it in these circumstances.
For certainty you should apply to the court for an Order suspending the payments but there is no need to do so unless your ex starts to enforce the payments when you stop making them
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for the reply, this is what I suspected.


 


My ex-wife will more than likely apply.


 


Would you be able to help with example cases. Is there any precedent cases you can exemplify. I am sure that I am not the first person in this situation?


 


 

Expert:  Clare replied 2 years ago.
Hi
I doubt that you are - but there have been no cases that have raised enough legal interest to be reported.
However if you ex does apply then make an immediate application to the court for a downward variation using a Form A
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and paying the fee of £245
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33529
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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