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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
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 am non-resident father.Daughter 18 in December but as result

Resolved Question:

I am non-resident father.
Daughter 18 in December but as result of birthday has deferred admission to university next year.
At present not in uni and not for almost all of her 18th year.
Question: Am I able to stop maintenance payments or can I reduce payments on grounds that daughter is not doing anything and effectively only needs food and basic maintenance (which I am happy to provide by having her live with me)
Am I able to pay maintenance direct to daughter after age 18?
Am I obliged to pay anything if she gets a job during this next year?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first
Customer: replied 1 year ago.

What information do you need?

1. The divorce was 15yrs ago

2. I have paid maintenance to ex-wife up to and beyond daughter's age 16 and beyond.

3. Daughter finished A-levels but birthday in December means she could not start medical school till next year (according to regulstions). So she has to wait a whole academic year- till next October.

4. Currently she is not working or studying - what happens if she gets a job between now and when she starts university?

5. I am in position to have her stay with me if she wishes or any time during the next year.

6. Monthly payments currently continue to ex-wife but I am asking when I can pay monies directly to my daughter

Expert:  Clare replied 1 year ago.
My apologies.That shoudl have gone on to readDo you pay under a Court Order or a CSA assessment or voluntarily?
Customer: replied 1 year ago.

Under court order

Expert:  Clare replied 1 year ago.
What is the wording of the Court Order as to when payments should end?
Customer: replied 1 year ago.

Standard ..... till age 18 if in continuing education. Hence my continuation of payments beyond 16.

Issue here is that she would normally have been in university now but has her admission deferred till next academic year.

My query is what my obligations are within this coming 18th year, particularly if she is not studying or working, and if she chose to stay with mother.

What about if she chose to live elsewhere, apart from mother or with myself?

Expert:  Clare replied 1 year ago.
I need the specific wording - as that will determine the answer to your questionThe usual wording is "age of 18 or ceases secondary education - whichever is the later"What does yours say?
Customer: replied 1 year ago.

I do not have document to hand but recall being prepared to pay maintenance till 18 yrs.

Obviously my daughter has continued to 6th form so I have accepted paying till age 18.

Again, the question is what happens after her 18th birthday in December.

Technically she will be 18 so I assume my obligations cease.

I am happy to voluntarily contribute to normal living expenses but do not wish to make any payments to my ex-wife.

I also intend to support her when she starts uni next year and beyond - directly and not via ex-wife.

Please advise.

Thanks

Conrad

Expert:  Clare replied 1 year ago.
It is more likely that the standard wording was used "attains the age of 18 of ceases full time education whichever is the later"On that basis you will need to pay the mother until the child's 18th birthday and then payments will cease.If you do wish to help your daughter out then you can pay her directly.I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.

Just to clarify that ".....ceases full-time education.." refers to education up to 6th form (not several years of university and/or related postgraduate degrees - certainly with respect to payments to be made to mother)

In this case my understanding would be that as of her 18th birthday I would have met my obligations in providing maintenance to the extent of full-time education and up to 18th birthday.

Is that correct?

Expert:  Clare replied 1 year ago.
Unless you find your Order with the correct wording then I can only speculate that it says "full time secondary education" in which case all is well - if not then you can stop paying in December in any event - but may need to recommence when your daughter goes to University.At that point however you could start paying your daughter directly - if her mother objects then they can argue it out between themselves.
Customer: replied 1 year ago.

One final query.

I had major flooding damage to my home some years ago and some boxes with documents were affected.

If my copies of court orders were affected how so I get replacement copies?

Thanks

Expert:  Clare replied 1 year ago.
You can obtain a further copy from the court
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
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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