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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 994
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter is due to go to University in the Autumn, and her

Resolved Question:

My daughter is due to go to University in the Autumn, and her Mother has suggested that I should extend my maintenance payments, and pay directly to my Daughter.
I had not expected to be asked to do this as while at University she will be living at home with her Mother.
Currently I am being threatened with legal action if I do not voluntary enter into this agreement, and my concern is that I am not able to afford any costs - my nett worth currently stands below £1k.
I do not know how I can deal with this. Without vast expense on my part with none on hers as her partner is a Solicitor.
My intention to help my Daughter was to provide financial aid as and when she needed it, and certainly not to pay an index linked monthly outgoing.
So the question is, just how do I deal with this?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - how old is your daughter?- is there any current court order in place in respect of maintenance? or are you paying through the Child Maintenance Service (or the CSA) or private agreement?- do you have any assets?- what is your disposal income? Kind Regards Caroline
Customer: replied 1 year ago.
My Daughter is 17, and the current Court Order ceases in June when she finishes her Secondary Education.When you ask about disposal income, do you refer to what is left after bills etc?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes - your income each month after you pay out your essential?also if you have any assets? Kind Regards Caroline
Customer: replied 1 year ago.
After paying out everything including current maintenance I am left with approximately £500 each month, however that is a very quick calculation.
That includes such things as Sky, and Broadband as well as housekeeping paid to my wife.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello how much maintenance are you paying now? did you have any assets such as equity in your property? Kind Regards Caroline
Customer: replied 1 year ago.
There are no other assets other than early access to my pension.I am potentially to resume my job at sea which then provides me with a tax free salary, but that is dependant on passing a medical after a serious health issue
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Would this improve your finances significantly? when is this envisaged for? how much maintenance are you paying now? Kind Regards Caroline
Customer: replied 1 year ago.
Current maintenance payments are £370
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Is this what they are expecting you to continue paying? when is your potential change in income envisaged? Kind Regards Caroline
Customer: replied 1 year ago.
I am 57, with a mortgage that is planned for final payments with my pension, and have no other sassiest whatsoever.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello when are you likely to get your pension payment? how much will the lump sum be? Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
also can you recall when the original court order was made?
Customer: replied 1 year ago.
Potentially, I could return to sea around July 2016, however is not guaranteed. Should I not return to sea, then I would expect to be offered an alernative position at around £4K less per annum
Customer: replied 1 year ago.
The original court order was made when we divorced in around 2004. I can check the exact date if you need it?
Customer: replied 1 year ago.
Pension at 65, and around £90k if I took a lump sum now.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I know that I am firing a lot o questions at court - but what I am really trying to get at is whether or not you are going to have any assets / sufficient income - that a court may make an order that you have to maintenance should an application be made to court. The court retains jurisdiction in respect of child maintenance orders made before 03.03.2003 and therefore the mother could seek to extend the order, even if your order was after that date - your daughter could make an application to the court under Schedule 1 of the Children Act for maintenance such as by way of periodical payments to support her. So there is scope for an application to be made to the court. Even with scope for an application to be made to court - in reality the court will need to be satisfied that there is a need for maintenance and also that you have the ability to pay. Even if your daughter is going to carry on living with her mother - university fees are not cheap and the court will consider this as a need. So the success of any such application depends on your means and your ability to be able to pay - hence all the questions I asked. If you are satisfied that you do not have the ability to pay - then I would suggest that you respond in writing providing a breakdown of your incoming and outgoings. The worry I have is your pension - if they get wind of this - then they could argue that this gives you the ability to pay. In any event - before they can make an application to court - they would have to refer the case to family mediation. Family mediation helps you try and agree matters without the need for court. If matters cant be agreed at mediation and an application is issued at court - then the court will expect you to fill in a financial means statement. The final outcome will depend on whether the court considers that you have the ability to pay. I hope this helps. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
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Customer: replied 1 year ago.
Financially if I return to sea I will be on £52k, and can then claim tax back each year. If I wished, I could apply for a NT coding to pay no tax and manage my time away to ensure that I achieve the criteria, however it only takes a small slip up to become liable for a full tax bill as happened before.I appreciate your answers which have explained a process a little simpler, and I feel sure that my financial breakdown would stand the test of being unable to pay so perhaps mediation is the answer in the first instance. At the moment I just feel that I am being bullied by her Solicitor partner using his knowledge.
Customer: replied 1 year ago.
Unfortunately, the pension was a discussion point during divorce, but I managed to save that then.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Unfortunately - there would be no way not to disclose the pension - should the matter get to court. Mediation really is worth an attempt - and they would have to refer the case in any event. Maybe also still worth a response letter explaining what your income and outgoings currently are - but given what you have said about your ex - Im not sure this will put her off. Let me know if I can help you further. Kind Regards Caroline