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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 841
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I need some advice, my ex husband has decided to stop paying

Resolved Question:

Hello I need some advice, my ex husband has decided to stop paying maintenance for my daughter who is 19 but is doing her second year full time at college, but he is still paying for my son who is 15.
I thought if they are still in full time education that the father has to still pay mainntenance
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

Please may I ask:

- are there any court orders in place in respect of maintenance? If so - when was this made?

- has you gone through the CSA/ Child Maintenace Service(CMS) for a calculation in the past?

- what course is your daughter studying at college? and how many hours a week is this course?

kind regards

Caroline

Customer: replied 10 months ago.
Unfortunately it was voluntary, my daughter is doing level 3 in beauty, and no didn't go through CSA, I did speak to CSA and because it was voluntary they won't get involved. She does 4 days, the hours are 14.11
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Thank you for your response.

Just to clarify - is the course more than 12 hours per week?

- are you still getting child benefit for her?

kind regards

Caroline

Customer: replied 10 months ago.
Hi yes it is more then 12 hours and yes I'm still getting child benefit
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Thank you for clarifying for me.

What you need to know is that child maintenance is payable until a child reaches 20 - if they are in full time non advanced education ( not a university course or equivalent).

You therefore need to find out what type of course your daughter is on - and if is not a university equivalent course - then chid maintenance is still payable by the father.

The fact that you are still getting child benefit for your daughter - means that it is highly likley that she is not studying a university equivaent course.

Although you wont be able to claim back payments from the Child Maintenance Service (CMS) - (new name for CSA) - you wil be able to start a new claim with them - and the father will be liable for payments from the date you put the claim in.

It sounds like he has stopped payments wrongly - so you do need to make a claim to the CMS straight away.

Let me know if I can help you further.

Kind regards

Caroline

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Customer: replied 10 months ago.
The course is level 3 beauty therapy at college, could you send me a letter to clarify that he should still be paying.
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Thank you for your response.

I am sorry that I cannot send a letter - this service is for information only.

When you refer to the Child Maintenance Service - they will certainly send him a letter for you!

Let me know if I can help you further.

Kind regards

Caroline

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Customer: replied 10 months ago.
Thank you will do
Expert:  ukfamilysolicitor replied 10 months ago.

Glad I could help

Let me know if I can help you further.

Kind regards

Caroline

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