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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33499
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a consent order approved by County Court & Decree Absolute

Resolved Question:

I have a consent order approved by County Court & Decree Absolute granted on 31/01/14

There is provision within consent order for maintenance for my son:-

'until Samuel attains the age of 18 years or ceases full time secondary education, whichever is the later' sum of £624/month

Also 'in the event that Samuel undertakes tertiary education he will continue to provide financial support for him including one gap year on the bases that:-
a. If XXXXX XXXXXves away during term time or lives with Husband during term time, the Husband will provide support for Samuel directly to Samuel
b. In the event that he continues to reside with the Wife during term time, the husband agrees to discuss with the wife, the issue of maintenance for Samuel with a view to reaching an agreement as to how much maintenance if any should be paid by the husband directly to the wife'.

Samuel did not do very well in his AS levels, so in Sept 2013 started a two year course at Mid Kent College Btec Level 3 Built Enviroment.

Soon after his 18th birthday, 28/11/13 - his father emailed me asking for me to suggest a new maintenance figure.

There were several emails to and fro where I said Samuel was still in Secondary education as I was still receiving child benefit.

To cut a longer story short, January 2014 & Feb 2014 maintenance payments have been £600 - £24 short of consent order, which I realised last night.

When I emailed his father last night asking the question, he said it was his proposed figure now that Samuel was not in Secondary Education.

I need a 'ruling' as to what is secondary education and how do I go about instigating this to me X husband/

Thank you

Kind Regards

Caroline
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you.
The Rule used by the court will be the same as that used by the CSA - which is the same as that used for Child Benefit - and that is set out here
http://www.hmrc.gov.uk/childbenefit/keep-up-to-date/when-child-aged-16/further-education.htm
So yes he is still in secondary education
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi


 


Thanks Clare


 


If I forward this to my X husband.


 


However, knowing what he is like, this will probably not be sufficient for him to agree to pay the agreed figure.


 


What is my next course of action?


 


Thank you


 


Caroline

Expert:  Clare replied 2 years ago.
Hi
How much does he owe you so far?
Clare
Customer: replied 2 years ago.

It's only £48 at present, but Samuel is at College until July 2015, when this course finishes, so if I do not deal with it now, he has the opportunity to reassess what he pays in May 2014, after P60


 


Thank you


 


Caroline

Expert:  Clare replied 2 years ago.
Hi
You can apply to the court to enforce the Order
The options are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
Do NOT register the Order at the Magistrates court
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33499
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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