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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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As part of my divorce, even though i had already started to

Customer Question

As part of my divorce, even though i had already started to pay child support, before the divorce even went as far as solicitors, my ex-wife had it was written that I should pay maintenance, until the children were 17 or no longer in full time education. Andrew (25) & Caroline (21) are now in work, and I stopped there child support once they started work, not before which is how it should be, however Robert is 18, will be 19 in November 2013, now at college studying IT & Developer courses, so I am still paying as he is still in full time education, but at what age do I stop, if he goes onto University till say 26, should I still pay till then or does child support finish at 19, even if he does go onto University after college. It is not a case of not paying, but just trying to get it clear till when I should I pay?

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
Is there a court order governing the child maintenance?
Claire
Customer: replied 3 years ago.

 


Hi Claire,
no, there is no court order, it was part of the decree-nisis the wording was added by my ex-wife's solicitor, my own solicitor at the time (2000) did not understand why, as maintenance was already being paid, before proceedings started. I have been paying regulary directly into an account that my ex-wife is using for keeping robert. - So my own solicitor at the time said 19, but this may change in due course with new acts being added etc - and to check nearer the time. Can you advise is it still 19, or if Robert goes on from college to university will I require to keep paying, until he is no longer studying.


 


Many thanks for your help


Dave

Expert:  Clare replied 3 years ago.
Hi
I am intrigued - did your solicitor not point out that in the absence of a formal financial order sealed by the court the payments were not enforceable?
Claire
Customer: replied 3 years ago.


No, I just assumed, that maintenance would be paid by me till the child was classified as a Adult, which is how I have paid for my other two children, until they were 19, or in full time employment as in the Carolines case - does this mean that at 19, i can stop the payments? - FYI Robert is doing a part time job at ASDA only Saturday's and a few other odd hours overtime, so would not stop any payments till after i am sure it would be ok.

Expert:  Clare replied 3 years ago.
Hi
Unless there was a financial order stating otherwise then you can stop payments when your youngest child leaves secondary education (college)
Any CSA liability also ends then
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your help Claire, No you have answered my questions, and put my mind at rest - thank you


 


kind regards


 


Dave

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Claire

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