How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

If I have a divorce settlement that states spouse will pay

Resolved Question:

If I have a divorce settlement that states spouse will pay child maintenance until end of secondary education can I extend this until they finish university, even though case was settled 5 years ago
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the chidlren now?

Customer: replied 1 year ago.
My children are 16 and 13
Customer: replied 1 year ago.
They are 16 and 13 I have agreed not to extend my spousal allowance and go for any future pensions in the settlement but never agreed not to extend kids maintenance
Expert:  Clare replied 1 year ago.

The problem that you face is one of timing.

Yes you can apply for it to cover Tertiary education (University) - provided you apply before the child is 18.

That is done using a Form A and paying the feeof £245

However at that point you may provoke your ex into involving the CMS - which can be done 12 months after the Order is made - and their assessment will override the Court Order

Accordingly leaving it later may be wise - provided you apply before the eldest turns 18, as once the Court Order no longer applies - because your child has left secondary education - the Order cannot be changed by the CMS so far as the eldest child is concerned.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Can't quite understand! So do I extend now or wait until Ollie has finished secondary school in the year 2018 ? And what is the CMS ?
Customer: replied 1 year ago.
Ex husband will not get cms involved as he earns a lot of money and the cms will tell him to pay me more maintenance.also a difficult one has he works in London with a flat in our town to see the kids and when he has to work but resides in Ireland where he is married does this change things
Expert:  Clare replied 1 year ago.

How much time does he actually spend in the UK?

Customer: replied 1 year ago.
Hard to say as he travels the world as well not set pattern but he is only seeing the children 3 nights out of the month were the settlement was for one night in the week and every other weekend
Expert:  Clare replied 1 year ago.

Ok

During the court process did he use the Irish address as his home address

Customer: replied 1 year ago.
No he wasn't living there at this time
Expert:  Clare replied 1 year ago.

You shoudl certainly wait until about six months before your son turns 18

The CMS is the Child Maintenance Service

Customer: replied 1 year ago.
to clarify even though he lives in Ireland I can still apply but also if I want to up payments as he earns a lot more can I do this because my monthly payments could go up instantly for both children as he doesn't even pay 20 percent of his earning
Customer: replied 1 year ago.
He earns around £350.000 to £400,000 a year
Expert:  Clare replied 1 year ago.

Yes you can still apply here in the UK as the Order is in existence.

You can also apply for an upward variation at any time

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help