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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My step daughter is 20 and in full time education, living

Resolved Question:

My step daughter is 20 and in full time education, living with her mum. Does my husband still have to pay his ex wife maintenance or can it go directly to his daughter?
MY husband and ex wife had an agreement ( signed in front of solicitor) that maintenance would be paid until end of full time time education.
having turned 20 we feel she should manage that money herself and maybe pay a form of rent to her mum out of that maintenance until her university education ceases (another year yet).
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

Please may I ask - was the signed agreement a court order? sealed and approved by the court?

Kind Regards

Caroline

Customer: replied 1 year ago.
I'm not a 100% sure but I think it was simply agreed between both parents in front of solicitor
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

Please may I also ask - what level of education is his daughter undertaking? is it A level or equivalent? or a university or equivalent course?

Kind Regards

Caroline

Customer: replied 1 year ago.
She has completed 2 years at Salford university with one more year to complete..... Finishing next summer.
Completing a successful degree.
Customer: replied 1 year ago.
She has completed 3 yrs sorry. She went to China for 2 months and we directed maintenance to her and wish to continue doing so even though she has returned home to mum.
Customer: replied 1 year ago.
hello, are you still online?
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

If the document was only a private agreement and not a court order - then your husband is not bound to pay any further maintenance. If he choose to pay his daughter directly then he could do. The mother would not be able to refer the case to the Child Maintenance Service as his daughter is in university education.

If it is a consent order that was approved but the court then it is important to establish the date it was made.

If the consent order contained an agreed order for child maintenance and was made before 3rd March 2003 he cannot opt out after 12 months and if your order was made after 3rd March 2003 he can.

Kind Regards

Caroline

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