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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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Dear Sirs, I have a consent order dated 4 August 2009 for

Resolved Question:

Dear Sirs,
I have a consent order dated 4 August 2009 for periodic payments of £570 per month to be paid by my former husband for the benefit of my daughter 'until the said child shall attain the age of 18 or finish full time tertiary education limited to one university degree course, whichever be the later.

My daughter did not go straight to university after school - mainly due to the stress of the family break down.My former husband ceased payments when she left school. Can I/she now apply for him to make these payments directly to her when she commences a three year teaching degree this September (she will be 21 when she starts).
One of the conditions in the consent order is 'Liberty to apply as to the timing and implementation of the terms of this order'
Many thanks,
***** *****
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.
What has your daughter been doing in this period?
Clare
Customer: replied 3 years ago.

Hi Clare,


Thank you for your response.


My daughter left school in March 2011 and did not take her A levels. She was receiving counselling and being treated for depression for issues related to her father and the divorce. She then commenced working in a pub for the next couple of years.


Following this she got back on track with her original plan to become a primary school teacher and volunteered at a school from January to July 2013 before securing a paid position as a teaching assistant from Sept 13 to current date. During this time she has undertaken a vocational qualification which has been accepted by her chosen university in place of A levels. She has secured a place at an oversubscribed university based on the skills and knowledge she has developed working in schools and in undertaking this qualification.


 


I think the most important thing I want to impart to you is that she went through a very challenging and difficult time and has come through that and really worked hard to get on track with where she would have been had the family circumstances not changed.


I hope that this is sufficient information.


I look forward to hearing from you.


Kind regards,


Sharon

Expert:  Clare replied 3 years ago.
Hi
I understand completely - and the good news is that one way or another we can make this work!
How much (roughly) does your ex earn?
Clare
Customer: replied 3 years ago.

Hi Clare,

I don't have any contact with him but he recently secured a new job and told my son that he is earning in excess of £80,000 a year plus expenses and benefits.

 

He has also received £59,000 in house settlement funds and has just sold a house left to him by his Aunt and will receive a minimum of £10,000 plus a third share of monies after other bequests.

 

He is remarried with no prospect of further children and his partner earns around £30,000

Sharon

Expert:  Clare replied 3 years ago.
Hi
Would you be happy if he paid your daughter direct?
Clare
Customer: replied 3 years ago.

Hi Clare,


Yes I would be happy for him to do this. In fact in my text to him I explained that she is setting up a student account and that payments should go directly to her.


 


She is an adult now and I strongly believe that she should get the money directly.


Sharon

Expert:  Clare replied 3 years ago.
Hi
Good!
The lengthy gap between ending secondary education and starting Tertiary is a potential problem however there is case law which acknowledges that there can be gap years and the Order can survive them.
Obviously there is a potential legal argument involved - but on balance there is a good chance that the Court would find in your favour if there is a dispute
However even if the court did find that the Order had expired your daughter would still have the right to apply to the Court for a Maintenance Order in her own right using Schedule 1 of the Children Act - which means that if your ex has any sense he will negotiate the matter rather than risk the legal costs involved
I hope that this is of assistance - please ask if you need further details
Clare
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