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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter has just completed her A.Levels, she turns 20 years

Customer Question

My daughter has just completed her A.Levels, she turns 20 years old on septemeber 1st 2015, she has decided to go to Uni, My ex wife is insisting I have to keep paying child maintenence for her until she completes her degree, is thsi correct.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Please may I ask - are you paying: 1) through CMS, 2) private agreement or 3) court order?
Kind Regards
Caroline
Customer: replied 1 year ago.

The amount was agreed as part of our divorce settlement and index linked, so it goes up by CPI every september.

Expert:  ukfamilysolicitor replied 1 year ago.
When was the order made? What does it say about when the maintenance should end?
Customer: replied 1 year ago.

August 2003 it states it should be paid until teh child reaches 18 years of age or ceasing full time education or training limited to the first degree

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
As your consent order contained an agreed order for child maintenance and was made after 3rd March 2003 you cannot opt out after 12 months.
The CMS jurisdiction takes over from the court order and the court ordered maintenance lapses. You will pay the CMS amount from that point on whether it is higher or lower than the court ordered maintenance.
As your daughter is 20 and starting university - you would not have any statutory liability to pay.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 year ago.
So sorry typo in my response
Line should have read
As your consent order contained an agreed order for child maintenance and was made after 3rd March 2003 you can opt out after 12 months.
You can opt out
Your not liable under CMS
Kind Regards
Caroline
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that my colleague has not taken account of the simple fact that the Order is clear - you do indeed have to continue paying until the end of the First Degree.
Opting out of the Order by involving the CMS is no longer an option for you
I am sorry
Clare
Customer: replied 1 year ago.

Is this a normal agreement as I have never heard of people being forced to pay for their children to go to university, If I was living with my children and they said they wanted to go to university, if I didn't want to pay for them would I be forced by the courts to pay. It seems I had bad advice from my solicitor when I signed the original agreement.

Expert:  Clare replied 1 year ago.
HI
It is not unusual for maintenance to continue to cover a first degree - but you should have been made aware of it before you signed it
Clare