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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court agreed maintenance agreement with my ex wife

Resolved Question:

I have a court agreed maintenance agreement with my ex wife I pay 200£ a month to her for my son the payment stops when he is 18 or when he finished secondary education which ever is sooner
He was 18 in January 2015 he is in 6th form and has no lessons after April 1st and no exams to take and has completed his btec course work in a sense he is getting no more secondary education can I stop the payment?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
No I am afraid that you will need to continue payment until the Official end of the School year.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

The answer is to brief I obviously strongly feel I shouldn't pay because my son has no lessons to attend after april 1st he has no exams to take because he has done a Btec my court agreement states finishes secondary education. After April he can work full time and is getting no more secondary education

Expert:  Clare replied 2 years ago.
Hi
I am sorry that you felt my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund.
Equally I am sorry that you feel that my answer was incorrect.
I appreciate that it is a technicality but the fact remains that your son is technically in full time education until the end of the School term - indeed if he decides to do a further course you will have to pay even longer.
If you stop paying immediately your ex will apply to the court to enforce the Order on the basis that the school term has not yet finished - and she will be successful
The only basis on which she would NOT be successful is if your son is actually in full time properly paid employment
Clare
Customer: replied 2 years ago.

I did not feel your answer was full enough as you have expanded and said if he is full time employed. I have my own limited company is there anything to stop me employing him full time

Expert:  Clare replied 2 years ago.
Hi
If you are employing him full time at at least the minimum wage then yes you can stop payments
Clare
Customer: replied 2 years ago.

Yes I can do that I know what the minimum wage is but it is not clear what is classed in hours per week as full time ie do I employ him on a 30 hour week or 35 or 40 is there a minimum and maximum

Expert:  Clare replied 2 years ago.
HI
30 will be fine - if he is employed then you will not have to pay child maintenance
Clare
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