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Ask Clare Your Own Question

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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marital law/ child maintenance: Following a divorce I have

Customer Question

marital law/ child maintenance: Following a divorce I have a consent order (2003). My daughter turned 18 (20/5/2013) and is in Uni.. I would like to know how to interpret 2 points/ are they interrelated? It says (5)child maintenance is to 'remain payable until the child reaches 18 or leaves full time ed. (whichever is later)'. Next point (6) say that the respondent 'and upon' ...will 'bear of the costs equally of further and/or higher education'. Does this mean he should still pay the monthly maintenance as well as half the uni fees? The question is how to interpret full time education?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check when the Order was made there was a clear expectation that the child would attend University?
Clare
Customer: replied 2 years ago.

Hi Clare - in 2003. my daughter was young at the time but it was always hoped she would go to uni like myself and her father - and she did go to uni in sept 2013. the father has stopped maintenance given query above


 

Customer: replied 2 years ago.

Hi Clare - in 2003. my daughter was young at the time but it was always hoped she would go to uni like myself and her father - and she did go to uni in sept 2013. the father has stopped maintenance given query above

Customer: replied 2 years ago.

hi there, I've not heard anything for hours. Is someone looking at this for me?


 


 

Customer: replied 2 years ago.

Hello, is anyone looking at my question for me? I paid up front but have not had any form of response.


 

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
There is a grey area in the law when the phrase ":full time education" is used as to whether it refers to secondary education (below University) or not.
There is in fact case law that goes both ways as it can depend on the context of the negotiations and what other provisions there are in the order
In this case it is apparent from the Order that there was an expectation that he would pay towards University Fees and on that basis would pay whilst she was at University.
As a fall back if the court did find against you your daughter could apply for maintenance in her own right using Schedule 1 of the Children Act if need be
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you very much for your response. much appreciated, as a last question:


 


could you give a ball park - roughly how much would it cost to take something like this to court?


 


(I appreciate this is very difficult to answer , but are there rates I could check to give me some idea as to whether I am talking about hundreds or thousands of pounds?) thank you.

Expert:  Clare replied 2 years ago.
Hi
May i ask - is he employed or self employed?
Clare
Customer: replied 2 years ago.

Apologies Clare, I have not been on my computer as have been away. He is employed (holds a good senior post in local authority)

Expert:  Clare replied 2 years ago.
Hi
It is likely to cost between £1000 and £1500 id you use a solicitor
Clare

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