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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
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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As a father divorced my son lives with his mother I have paid

Resolved Question:

As a father divorced my son lives with his mother I have paid monthly child mainences payments to hiis mother all his life which now comes to an end as he has reached the age of 18 yrs old.
What is the legal directions regarding paying maintenance to my son whist he is to commence three years of university study.
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firsthave you been paying under a Court order, voluntarily, or via the CSA?
Customer: replied 8 months ago.
I had Been ptepared to pay voluntary but my wife rushed a court order for maintenence Into the court way back in 2000. So i payed £450 per month via court i as in full emoyment then with considerale overtime every month however i am Now retired my income is a works pension payable monthly which is much much lower net monthly income than when i was employed.
Expert:  Clare replied 8 months ago.
When does the Order say that maintenance should cease - and is your income now less that it was in 2000?
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
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
Expert:  Clare replied 8 months ago.
Are you free for a call now?
Customer: replied 8 months ago.
I am free for a call
Customer: replied 8 months ago.
Hi Clare could u please provide me with a précis or summary of the legal positions we discussed per recent phone call.Thank you.John.
Expert:  Clare replied 8 months ago.
It is on my list for today - with case law I hope!
Customer: replied 8 months ago.
Thank u very much I appreciate u are busy and will be patient and await your submission.
Thank YouJohn.
Expert:  Clare replied 8 months ago.
Hi JohnWell I did some in depth research and identified an interesting fact This is the Section which allows over 18's to make an applictaionOrders for financial relief for persons over eighteen2(1)If, on an application by a person who has reached the age of eighteen, it appears to the court—(a)that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or(b)that there are special circumstances which justify the making of an order under this paragraph,the court may make one or both of the orders mentioned in sub-paragraph (2).(2)The orders are—(a)an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;(b)an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified.(3)An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him.(4)No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household.(5)An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.(6)In sub-paragraph (3) “periodical payments order” means an order made under—(a)this Schedule;F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(c)section 23 or 27 of the M1Matrimonial Causes Act 1973;(d)Part I of the M2Domestic Proceedings and Magistrates’ Courts Act 1978,[F5(e)Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);(f)Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),]for the making or securing of periodical payments.(7)The powers conferred by this paragraph shall be exercisable at any time.(8)Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order. And since there was a maintenance order in place before the child was 16 then he cannot make an applictaionEven if the court exercised it's (non existent) discretion they will expect him to do all he can to maximise his income - and will have to justify his expenditure.In addition the court would take account of your income and any award would be based on that.
Customer: replied 8 months ago.
Thankz clare you are a life saver.such a detailed report Cannot Thank u enough.
John.
Expert:  Clare replied 8 months ago.
You are most welcome - good luck
Customer: replied 8 months ago.
Hi Clare I kept up my subscription as I anticipate my ex wife will not let things rest .I recently received a Solicitors letter from my ex wife making me aware that a case is listed in my Local Court Area on Friday 27 the May 16.
The letter states that a variance or continuance on the current maintenance order set for my son in court over 16 years ago .I am assuming that this order is being sought on behalf of my ex wife or my son .I assume that as Scott is now 18 yrs old today his birthday 19 the May . that the child order set in court and revisited by Scotts Mother last Sept in Court should cease today .At court in Sept Las year she actually passed comment to my Solicitor that come next year that maintenance would be between Scott and me to deal with .To that end I have cancelled the Direct for £ 450 . Payment has been given by me to cover I believe the complete of this month of May as it was paid at start of this monthHas my wife any legal right to pursue on her behalf for maintence for Scott as he is now 18.If it is Scott seeking support from me can I assume that any support I am due to give freely between Scott and I or if directed by a court would only be to support him whilst he is in Higher Education IE University or equivalent .If that is the case then would it be that he would actually not be eligible to said financial support from me until he sets foot in University IE actually attends University.If Scott was unfortunate to fall to make his grades and has to do another year at Grammar School to finalise his A Levels . Am I under any binding legality to support him at Grammar School now he is 18 yrs as I think that Grammar School may not fall into the Definition as to what constitutes Higher Education which qualities for parental Support.Finally Scott's mother passed comment to me in text that she or Scott would be seeking support for next 4 years .I am not aware of what course my son has applied for that may take 4 years .
On Hols with my Son last year he passed comment that he may take a gap year.
Do I actually have to financially support him on Gap yearI have a Meeting with my Solicitor at 4 PM and if u were able to respond to this b 4 that time I can update my Solicitor but if you are too busy to do so as soon as u were able at least I can let my Solicitor know that your valued advice will be pending .I have still not received an actual summons I will not be attending as I am not medically fit to do so and my Solicitor will be in attendance on my behalf and will be requesting and adjournment and demanding full financial disclosure from Scotts Mother income as the court may direct a court order that both parent's be subject to a similar order and Scott re Grant Student Loan and his intimations to be seeking some form of employment whilst a student attending Uni.Thank you for your continued assistance.John.
Expert:  Clare replied 8 months ago.
She has made the application prior to your son's birthday so that the existing order can be continued.I would suggest that you counter offer a payment to be made directly to your son based on what you offered before.You are correct - you do not have to fund a Gap year - and arguably you should not have to fund him until University actually starts - but since CSA is payable until the August after the child leaves school the court may decide to follow thatYou will also have to fund him if he does have to do retakes.
Customer: replied 8 months ago.
Thanks Brilliant advice again I kind of thought there was ref in the legislation u sent me recently that allowed maintenence to continue on .I will use what u have given me today to put my solicitor in a better position to represent me in my absence .
Thanks againJohn

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