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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1319
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter is 20 and at university. I was instructed to pay

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Hi,
My daughter is 20 and at university. I was instructed to pay child maintenance and spousal maintenance until she is 21 or finished territory education. She has 2 years left university. Do I still have to pay spousal maintenance after my daughter is 21? In addition I am likely being mad redundant in six months. Am I liable to pay spousal maintenance whilst redundant?
Many thanks,
Mark

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may i ask:

- are your currenly paying the maintenance by court order?

- when was the court order made?

kind regards

Caroline

Customer: replied 1 month ago.
Hi Caroline,
Yes. The spousal maintainance clearly ends when my daughter reaches 21. The order itself doesn't mention hee education but I know that child maintenance does. Naturally I want to support my daughter at university but at the same time would like to know what I am bound to pay v choose to pay.
In addition my ex wife and I share ownership of a house and I'm entitled to 41% net from sale of the property does this mean it will need to be sold when my daughter reaches 21 or provision made by her to pay me based upon property valuation and remaining mortgage as my ex wife still lives in the property? The order was made on 15/1/14 and says with effect from 1/3/14.
Thank you
Mark

Hello Mark

Thank you for your response.

Please do accept my apologies for my delay in responding to you.

Can I just clarify:

- The order makes provision for spousal maintenance but not child maintenance?

- is the child maintenance a separate amount or is it just one amount?

- or is the child maintenance paid a provate arrangement between you?

- does the court order provide for you to receive your monies fromt he hosue when your daughter reaches 21?

kind regards

Caroline

Customer: replied 1 month ago.
Hi caroline,
The spousal maintenance is separate and paid separately and is mentioned in the order as having been assessed by the child support agency and is the standard 15% of salary. The house is in the order as upon my daughter reaching 21, either my ex wife or I dieing or if she is cohabiting / marries for more than six months.
Many thanks,
Mark

Hello Mark

So the child maintenance is paid to the mother at 15%, not through the csa but at the previous csa amount?

kind regards

Caroline

Customer: replied 1 month ago.
It was but is now directly to my daughter since she started university. The mother still receives spousal maintenance directly from me

Hello Mark

Thank you for clarifying that for me.

In answer to your questions:

Child Maintenance.

As there is no court order in place in relation to the child maintenance and given yoour daughters age and that she is at university then child maintenance is not actually payable under the Child Maintenance Service Rules (CMS - new name for CSA) as child maintenance is only payable under the CMS rules until child reaches 20 if they are in full time non advance education. University courses are considered advanced education and therefore maintenance would not be payable.

The above being said, if you did stop payments to your daughter then she would be able to consider making a claim in her own right for support to the court under Schedule 1 of the Children Act. You daughter would have to make the claim in her own right. For such a claim to be succesful you would have to have the means to pay.

Spousal Maintenance.

The order appears clear as to what should be paid and when this should be paid until. In relation to your impending redundancy, you could seek to vary the court order that you have but I doubt this this would be worth it given the maintenance is only payable until your daughter reaches 21 and the redundancy is not likely for 6 months. If you stop paying then your ex could seek enforcement against you.

The House.

The house needs to be valued. If your ex cant buy you out on a timescale that you agree too then you need to look to enforce the order for the house to besold so that your equit can be realised.

In relation to all matters you should consider family mediation. This is a way of trying to agree matters without the need for court. There are lots of family mediation services and there will be one local to you. Google family mediation in your area and give them a call to self refer.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Customer: replied 1 month ago.
Hi Caroline. Thank you for your answers. Helps me understand exactly where I am.
Thanks and rgds,
Mark

Thank you for your kind words Mark.

Glad I could help.

If you are happy with the service then please so kindly remember to star rate by clicking on the stars so that credit is receievd for helping you

kindest regards

Caroline

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