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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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'm looking advise in reference to a financial

Resolved Question:

Hello - I'm looking for some advise in reference to a financial consent order.
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.
What would you like to know?
Clare
Customer: replied 2 years ago.

Should spousal maintenance be continued to be paid if there are a change in family circumstances - a child attaining the age of 18yrs old ?

Expert:  Clare replied 2 years ago.
Hi
What does the Order actually say about Spouse maintenance?
Clare
Customer: replied 2 years ago.
The husband should pay periodical payments to the wife . The payments should be the rate at £250 per month payable in advance . They will end on the first to occur of:
The latter of (I) the youngest surviving child of the family SPE ( dob 27:3:93 ) and SCE ( dob 27:4:93) attaining the age of 18yrs or if later ceasing tertiary education or ( ii) either child of the family ceasing to live with the wife without means of self financial support.
Both children are 18yrs and 21yrs. The 18yr old plans to go to university in September for 3 years however the 21year old plans on leaving university in May and not returning home.
Will spousal maintenance still be applicable ?
Expert:  Clare replied 2 years ago.
Hi
So it is due to end when your youngest finishes University?
Clare
Customer: replied 2 years ago.
I thought so but then looking at the appendix " stating either child of the family ceasing living with the wife without means of self financial support "makes me think that when my son leaves university and starts work ( he doesn't plan on returning home ) , He will be financially independent . Will this mean the spousal Maintenance will cease then ?
Expert:  Clare replied 2 years ago.
Hi
No it will cease when your youngest child finishes University - or decides not to go home whilst he is at UNi.
Clare
Customer: replied 2 years ago.
I'm sorry- please excuse my confusion in this matter . I'm trying to financially plan for when the the spousal payments cease . My daughter of 18 yrs will continue with university for at least 3 years . However , my son will become financially independent from May when he leaves uni . Reading the consent order my understanding is that I will no longer receive spousal maintencce as he will not be living with me . The order States " either child " ceasing living with the wife .... ?
Expert:  Clare replied 2 years ago.
Hi
That would be the case were it not for the addition of the words "without means of self financial support".
Your eldest will be supporting himself and on that basis the maintenance should continue
Clare
Customer: replied 2 years ago.
Thank you Clare . You've been really helpful .
Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare
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