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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 855
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Does my ex husband have to continue to pay child maintenance

Resolved Question:

Does my ex husband have to continue to pay child maintenance for our daughter when she goes to university?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Please confirm is your ex currently paying maintenance through 1) court order, 2) CMS or 3) private agreement?
Kind Regards
Caroline
Customer: replied 1 year ago.
Court order
Expert:  ukfamilysolicitor replied 1 year ago.
When was the court order made and sealed by the court ?
Customer: replied 1 year ago.
2001/2002
Expert:  ukfamilysolicitor replied 1 year ago.
Does the order say when maintenance should stop?
Customer: replied 1 year ago.
I seem to recall it said 18 or the end of further education but have not checked, would I have a copy of court order?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
As your order was made pre 2003 it is important that you find a copy. Normally court orders made after 2003 can be varied after one year. This isn't the case if the order was made before the 03 March 2003. This means what ever is written on your order is binding.
The solicitor dealing with your case at the time might have retained a copy if you haven't got one.
Further education is A Levels. University is advanced education. Therefore if your order does say whilst in full time Further Education then you ex will no longer be liable when your daughter starts university.
Kind Regards
Caroline
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Customer: replied 1 year ago.
My order states that should my daughter attend a course of full time tertiary education that we will agree at the time what provision if any should be made for her.
It further says - the respondent do pay or cause to be paid periodical payments to the petitioner for the benefit of my daughter the child of the family until she shall attain the age of 18 or cease full time secondary education whichever is the later or further order at the rate of ...
I guess that means he only needs to pay if he wants to?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for confirming the terms of the order.
If Tertiary education is not defined in your order then it is often interpreted as meaning further education and not advanced education such as a university course. In any event there is nothing to bind him to pay. As she has reached 18 he could stop.
University is of course not cheap and he may be willing to assist if you ask.
Kind Regards
Caroline
Positive feedback gratefully received.
Expert:  ukfamilysolicitor replied 1 year ago.
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