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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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 daughter is starting a degree cours on 11th september.

Resolved Question:

Hi. My daughter is starting a degree cours on 11th september. Her father has been paying maintenance to me through the csa. Can I get a court order to force him to keep paying maintenance while she completes her degree and how much would this cost please/ thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Maintenance through the Child Maintenance Service (previously the CSA) is only payable whilst your daughter is under 20 or when she enters Advanced Education. A university course is classed as Advanced Education and therefore her father's liability to pay would cease at this point.
The general rule is that if you are no longer receiving child benefit - then the non resident parent is no longer liable.
If the father did have assets then you could consider making a claim for him to provide her with support for her education under Schedule 1 of the Children Act.
To apply you would need to fill in a Form A - ‘Notice of intention to proceed with an application for a financial order’ and also need to fill in, ‘financial statement for a financial remedy' this is form E2 - on this form you would need to give a full, frank and clear disclosure of all your financial and other relevant circumstances and also sign a statement of truth.
You can obtain both forms from the HMCTS website.
The current court fee is £240.
If he doesn't have any assets and since he is not paying top rate maintenance through the CMS then it is unlikely that you would obtain an order.
I appreciate that this may not be what you want to hear but I do have to tell you the position.
Kind Regards
Caroline
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Customer: replied 1 year ago.

Hello. regarding your statement that my daughters father might have to pay maintenance via a court if he owns an asset. Does his house that he owns and lives in qualify as an asset? Please clarify this for me.

Kind regards

Cathy Collings

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Cathy
Yes this could - dependant on what equity there is. The court could order a capital lump sum - if this was possible to obtain from the property. The court would consider your respective financial resources of you both, responsibility for other children and your daughters financial requirements when considering if to make an order.
Kind Regards
Caroline
Customer: replied 1 year ago.

I would like to know how much income he would need to have and I would need to have and how much his house would have to be worth to allow a court order to me issued please? His house is worth approximately £170,000 with a very small mortgage on it. Me and my husband earn approximately £45,000 the last tax year. He keeps his financial income private but I would estimate £37,000 on paper (he works cash in hand as well). Is it worth my while persueing this course of action?

Thank you for your time

Catherine Collings

Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
My colleague unfortunately misled you- you cannot make any applictaion to the court as your daughter is over 18 HOWEVER your daughter can make a claim in her own right using Schedule 1 of the Children Act.
This is nothing to do with the equity in his home.
Your daughter will need to show that she cannot meet her reasonable income needs from her own resources - including part time work as appropriate
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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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