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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my ex husband is very reluctant to pay maintencnce costs for

Customer Question

my ex husband is very reluctant to pay maintencnce costs for my daughter when she is in university. However, i covered this in the divorce settlement that he had to pay while she was in tertiary education.

Unfortunately my daughter failed to get a University place this year and therefore will sign onto school for resits(only 1 module) as she had 2As and 1 c and need to raise the C to a B. This means very little schooling required (which may mean she needs to find a part time job to get some money for herself).She then hopes to go to Uni in 2014. Where do i stand with my husbands payments. Has he a right to stop completely from now? or is he able to stop for one year but must pick up from the time she goes to university in a years time? or does he need to continue paying?

The first opportunity my ex husband has to stop payments he will. he does not contribute a penny more or volunteer to do so. My concerns are, my daughter will still need support in the gap year and when she goes to Uni and is still classed as a dependent student therefore is not able to apply for the bursury (my wage is over £50,000.

Please can you advise where I legally stand

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help but I need some further information first.
What is the exact wording as to when the maintenance should cease?
Claire
Customer: replied 3 years ago.


as from the date hereof the petitioner do pay or cause to be paid payments to the respondent for the benefit of each children (named but my son has left uni so only concerned with daughter) until they shall respectively attain the age of 17yrs or cease full time tertiary education whichever should be the later (then stipulates how much)


 


My concern is my daughter is definately going to university in a years time as her grades are high enough for her second career choice, but I aam concerned about this gap year which will involve a little school but not to the level of being full time.


 


thank you

Expert:  Clare replied 3 years ago.
Hi
Will she be in school at all this year?
Claire
Customer: replied 3 years ago.
she will reregister and will be a bit but not much, she has only 1 module to do although she will continue with her private lessons
Expert:  Clare replied 3 years ago.
Hi
How old is your daughter now?
Will you retain your Child benefit?
Claire
Customer: replied 3 years ago.
my daughter is 18. child benefit i stopped a year ago when i was just over the amount that stopped you haveing an amount. I thought it was better to stop than be asked for it back. Had a letter recently about it but have not reinstated it
Expert:  Clare replied 3 years ago.
Hi
Since she is in school you can argue that the maintenance should continue.
Admittedly it would be a stretch but it is arguable since it is necessary for her tertiary education.
It is, I admit, a matter on which I could not guarantee what the Court would say - but it is likely that if they found he didn't have to pay for this year the Judge would confirm that it is payable whilst she is actually at University .
The problem with family law is that the courts have great discretion and accordingly there is not hard and fast rule - but recent case law has confirmed that where the parents have sufficient income it is not unrealistic to expect them to fund a "gap" year - which is essentially what this is
I hope that this is of assistance - please ask if you need further details
Claire

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