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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1100
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My son has just decided not to go back to university and take

Resolved Question:

My son has just decided not to go back to university and take up full time working pluss go self employed. He currently lives with his mother who I pay support to.The questions are do I have to continue paying my support money now he is working even though some times he wont have a full weeks work,or do I have to pay a reduced amount because of his work.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are you currently paying through child maintenance service, court order or private agreement?
Kind Regards
Caroline
Customer: replied 2 years ago.

Hi yes it was a court agreement some time ago now some eight years ago.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
Do you still have the court order? What does it say?
Kind Regards
Caroline
Customer: replied 2 years ago.

Im not sure I will have to look for it,iv seen the divorce papers but do not remember seeing any court order with the said papers.

Customer: replied 2 years ago.

Possible iv not seen it for some time.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
You could try the court for a copy if you can't find it.
Let me know when you find it and tell me what it's says and I'll be advise you as to your liability.
Kind Regards
Caroline
Customer: replied 2 years ago.

Hi all iv managed to find is a letter from my ex wife legal team where we had agreed a sum of 180 pounds per month back in 2007.Since then my son has been staying with his mother so his money has gone up in total to 210 pounds per month besides what im still paying for my daughter,hence needing to know soonest what I can do regards ***** ***** my son.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for this.
It is however the order that you going to need. Preferably a copy sealed by the court (court stamped) so that we know we are going through the correct version.
The letter from your ex's doesn't detail when your liability should end.
Kind Regards
Caroline
Customer: replied 2 years ago.

hi iv found both documents absolute and the decree nisi and ther is nothing in either document regarding provision for the children or payments.

Expert:  ukfamilysolicitor replied 2 years ago.
Ok
The finances and maintenance would have been on a separate court order. Can you recall?
It does affect my advice to you as to your liability.
Basically if there is a court order in place and it is clear then it is likely binding as to the terms. Does the letter from your ex's solicitor refer to an order?
On the other end if the scale - if you have been paying by private agreement only - you could revert to the child maintenance service liability.
Kind Regards
Caroline
Customer: replied 2 years ago.

hi with regards ***** ***** ex wifes letter there is nothing in it regards ***** ***** sure we went through the then CSA,and I don't recall seeing any paper work either.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thanks for this.
Are you sure the that you have been paying maintenance through the CSA at some point?
If so - how old are your children now?
Kind Regards
Caroline
Customer: replied 2 years ago.

My son is now 19 and my daughter is 13.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
If you are certain that the matter has been transferred to the Child Maintenance Service (previously CSA) at some point then they will have jurisdiction.
The CMS can arrange maintenance for a parent with day-to-day care of a child known as a qualifying child.
To be a qualifying child, a child must be:
under 16, or
under 20 if they are in full-time non-advanced education, or
The mother is still getting Child Benefit for them.
If there is no court order and the CMS has Jurisdiction then you are not liable to pay maintenance in respect if your son - but you are still liable in respect of your daughter.
Kind Regards
Caroline
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