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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I pay 1000 per month maintenance son, he will be 19 in

Customer Question

I pay 1000 per month for child maintenance for my son, he will be 19 in january. he has finished A levels but will now take a 1 year btec course at a college. For this year he will not live at the family home but will rent a house instead. Will this change the amount of child maintenance I pay my ex wife?
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. How has the amount of child maintenance been decided - is it through the CSA/CMS or in a court order? If a court order, please confirm if it was as part of a divorce and if it was made by consent?

Customer: replied 12 months ago.
It was as part of a court order upon divorce and made by consent
Expert:  Harris replied 12 months ago.

Thanks - what were the exact terms stated in the order in relation to the maintenance? Or are you able to attach a copy of the order using the paperclip icon here?

Customer: replied 12 months ago.
The exact terms were that I continue to pay child maintenance at 1000 per month until my son reaches 18 years old or he finishes full time secondary education whichever is the later.
Expert:  Harris replied 12 months ago.

Thank you for confirming. Given that your son will no longer be living with her, and that she will not be entitled to child benefit, or pursue a formal application with the CMS due to him moving out, it would be reasonable for your liability to now end. If he were to return to her care and remain in secondary education (A-Levels, or equivalent) and be under the age of 20, then she would be entitled to seek child maintenance from you.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 12 months ago.
OK thank you for your replyRegards
Neil
Customer: replied 12 months ago.
One final clarification on this please. As I said, my son rents a house with friends near his college but isn't earning money himself. To pay for his rent and other costs he relies on money being sent to him by his mother (Which she obtains by the child maintenance I pay her). As this is the case do I still have to pay her the child maintenance or do I pay an amount directly to my son to support him instead?Thanks
Neil
Expert:  Harris replied 12 months ago.

As he is not living with her (therefore she is not providing day to day care), it would be reasonable for you to pay it directly to him. I would suggest that you ensure that she is made aware of this arrangement.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 12 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years
Given that there is a Court Order which clearly says that the money is payable whilst your son is in Secondary education (which he is), and since she is in fact supporting him, if you start paying your son directly without the agreement of your ex then arrears will accrue.
It is not a case of "notifying her" that you will be paying him directly - you must either agree it with her or go back to court.
Failure to do so will make you vulnerable if she applied to enforce any arrears

Customer: replied 12 months ago.
Hmmm, thank you for your view on this Clare. Makes me think that I have to continue paying to my ex wife. What I will do is request formal paperwork to prove that he is continuing with secondary education, as I don't have anything at the moment.
Expert:  Clare replied 12 months ago.

That would be wise - but do not give up on paying him directly.

Write and suggest it - with a copy to your son!

If she does not agree then you can consider an application to the Court

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