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: 33951
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: 7 months ago.
Category: Family Law
Expert:  Clare replied 7 months 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 7 months ago.
My children are 16 and 13
Customer: replied 7 months 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 7 months 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 7 months 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 7 months 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 7 months ago.

How much time does he actually spend in the UK?

Customer: replied 7 months 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 7 months ago.

Ok

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

Customer: replied 7 months ago.
No he wasn't living there at this time
Expert:  Clare replied 7 months ago.

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

The CMS is the Child Maintenance Service

Customer: replied 7 months 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 7 months ago.
He earns around £350.000 to £400,000 a year
Expert:  Clare replied 7 months 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, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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
Customer: replied 7 months ago.
Thanks for your help

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters