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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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My son is 18. He lives with his mother (my ex-girlfriend) has

Customer Question

My son is 18. He lives with his mother (my ex-girlfriend) has just written to me enclosing a letter confirming he has a place at university. I have been paying maintenance since he was born. My understanding of the law was that at age 18 and leaving secondary education there is not legal obligation to pay maintenance. His mother says if I were to stop paying maintenance he would pursue me through the courts for extended child maintenance. Is this possible to do under UK law?
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
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.
I assume that you have made voluntary payments until now?
What is your annual income - and do you have other younger children as well?
Clare
Customer: replied 2 years ago.

Dear Clare,

Thank you for getting back to me.

The payments I made were voluntary from 2007 when I moved to Australia. Prior to that the payments were through the CSA which my ex girlfriend insisted on using even though I was offering to pay.

I am self employed. My gross income prior to deduction of expenses for the last tax year was £75,000. It is difficult to predict what I will earn this year but I do not expect it to be much more than that.

I do not have any other children.

Hugh.

PS sorry for delay in reply I was thinking the response came by email and did not check the website

Expert:  Clare replied 2 years ago.
Hi
Your liability to pay maintenance to your ex for your child has indeed ended since he is over 18 and has left Secondary Education.
However your child has the right to make a claim in his own right if he can show that his income from all sources (including part time work) does not meet his reasonable needs
You should open negotiations direct with your son and ask him to send his calculations so that you can decide what support you wish to give him
I hope that this is of assistance - please ask if you need further details
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
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

You asked me what my income is.


Is this relevant to how a court might view things and if so how does that work?


Also would a court reasonably expect a young person to obtain a part time job?

Expert:  Clare replied 2 years ago.
Hi
Unlike the usual child maintenance for a minor there is no set rate where the child is in tertiary education
However where the absent parent has only a low or mediocre income it is unlikely that the court will order a payment
Yes a Student is expected to get a part time job - unless they are doing a course which specifically forbids it
Clare
Customer: replied 2 years ago.

I am planning to move to live and work in Australia.


Will the UK or Australian law apply to any maintenance paid by me when I am living there?


Also can you give me any guide as to how the courts in the UK calculate maintenance in the UK so that I could estimate a figure?

Expert:  Clare replied 2 years ago.
Hi
Your Son can chose which venue to use.
In The Uk the amount will be based on his income form all sources and his reasonable needs - and yes he will be expected to get a part time job - so maybe £100 to £200 a month at most
Clare
Customer: replied 2 years ago.

Hi,


 


Thank you for your advice.


 


Are you able to offer any advice on which system would apply if I were living in Australia, the UK or Australian system, if his mother were to pursue me for maintenance on top of what a court awards in the UK if I move to live there?


 

Expert:  Clare replied 2 years ago.
Hi
If the Order has already been obtained before you go then it will be enforceable in Australia - but your son could not claim any more from you.
If it is not made before you go then your son can decide whether to pursue you in the Uk or Australia - but can only chose one
Clare

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