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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
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 am paying maintenance with arrears by attatchment of

Customer Question

hi. I am paying maintenance with arrears by attatchment of earnings. one of my daughters lives with me. the other lives with her mother. she will be 19 in September. will payments stop going to my ex and therefore all come off arrears?
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 does the Court Order say that maintenance should stop?
Clare
Customer: replied 3 years ago.


I am not sure. got taken to court to pay arrears. 302 pounds is actual payment then rest is arrears. I assumed that maintenance stops being paid when child is 19. therefore thought I will have to continue paying same amount to clear arrears.. just wondered if this is case?.. I split from my partner when children were 3 and 2 yrs old. main thing is will payments to my ex stop when my daughter is 19 in September?.. I realise arrears will still have to be paid..

Expert:  Clare replied 3 years ago.
Hi
You need to look at the Court Order to see when maintenance stops - can you get a copy?
Clare
Customer: replied 3 years ago.


not sure how to get copy?.. as I said done by attachment of earnings order. been with my current employer for 8yrs. been going since then..

Expert:  Clare replied 3 years ago.
Hi
Just to check - the CSA have never been involved?
Clare
Customer: replied 3 years ago.
yes. Csa took me to court. They were involved from start...
Expert:  Clare replied 3 years ago.
Hi
Thank you for that - that makes things easier!
Is your 19 year old still at college for more than 12 hours a week?
Clare
Customer: replied 3 years ago.


she is at college but only half days. not sure how many hours. she will be 19 on 23rd sept..

Expert:  Clare replied 3 years ago.
Hi
I am afraid that if she is in college for more than 12 hours a week then maintenance is payable until her 20th birthday - or she leaves college
After that date all payments will indeed come off the arrears
Clare