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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 , my ex husband has written to me saying he will cease

Customer Question

Hi ,
my ex husband has written to me saying he will cease paying court ordered maintenance for the children unless I can prove my disabled child (17) is in full time education and that he will not pay for my daughter ( currently at Uni age 19).
I sent back a letter from local council confirming my son is in full time education and a copy of the court order that shows he should pay until they reach 17 or cease full time tertiary education ,and also the information that our daughter is attending a Russell group university studying a science degree.
He then sent a text saying he had contacted a solicitor and our daughter was not in tertiary education and according to his solicitor is no longer entitled to maintenance. I pointed out tertiary education is university education and that the court order clearly outlines that he should pay.
He then left a voice mail saying that tertiary is an ambiguous term and that court orders expire after 12 mths ??? He has then paid a reduced amount this month!he also said that he had taken part in the child maintenance website assessment and would not pay for our daughter
How should I proceed and is he correct?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
There is nothing ambiguous about the Term "tertiary" - it means University - the only ambiguity is whether or not it will stretch to a Masters degree.
The Court Order does not expire - but after 12 months either of you could have applied to the CSA (now CMS) to complete an assessment which would have replaced the Court Order
Unless and until he does so he has to continue to make the payments and since he is in arrears you can apply to enforce the order whenever you wish
Details here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
Since your eldest is already outside the remit of the CMS then the Order stands in respect of her even if a CMS assessment is completed for your younger child.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, I now have to balance whether it is worth chasing him through the court process but after his delaying tactics last time I am not sure this option makes financial sense as I could be left with costs that may potentially be higher than the maintenance owed. Also my daughter is very nervous about us having contact with him and the police warning to stay away will have expired.

I have read the leaflet and there seems to be no easy way in enforce!

Thank you again for a speedy and comprehensive reply,

Kind regards

sarah

Expert:  Clare replied 2 years ago.
Hi
If you deal with the paperwork yourself the fees are not high - and it is certainly worth doing.
If he is an employee go for an Attachment of Earnings order - if not then go for the Judgement Summons
Clare

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