How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 725
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

My court order for paying maintenance says to pay until the

Customer Question

Hi my court order for paying maintenance says to pay until the children are 18 or finish full time education, my twins are 18 in December this year and are both in college. 1 is doing mother cycle maintenance level 2 the other is doing business studies level 3. The question I have is can I stop paying when they are 18 or are their courses classed as full time education? If so when do I stop paying maintenance
Submitted: 1 month ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when was the court order made?

- do you know if the current course are university equivalent?

kind regards

Caroline

Customer: replied 1 month ago.
Hi Caroline, the court order was made September 2009 I don't know whether the courses are university equivalent or not one is a Btec course but my children only told me what the courses were. They are both at Stamford college Lincolnshire. Steve
Expert:  ukfamilysolicitor replied 1 month ago.

Dear *****

You need to make inquiries with the college about the level of course.

After one year of the court order - you can choose to revert to pay maintenance through the Child Maintenance Service.

This may be more beneficial for you. Maintenance under the CMS is payable until 21 if non advanced education - that being University equivalent.

Please do be aware that if your children are studying university level courses now / future and they need support they can make a Schedule 1 Children Act claim in their own right for support.

kind regards

Caroline

Customer: replied 1 month ago.
Thank you for your answer but I've had experience of paying through the CMS & it was not beneficial at all. So what you are saying is that if they are studying university equivalent courses then I have to pay until they are 21? I will support them anyway myself but can I stop maintenance in December as my court order states?
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Please accept my apologies for my delay in responding to you.

I am in full time practice and was not available yesterday evening.

After one year of your court order being in place - you can opt out and revert to the CMS.

With the CMS you do not have to pay when your children start university level courses.

This may be more beneficial for you. The reason I say this is because your current order appears to state 'full time education'. This in itself could actually be interpreted to mean a full time university education.

let me know if I can help you further

kind regards

Caroline

Customer: replied 1 month ago.
Hi Caroline thank you for responding, I am in the process of finding out from my children what their course codes are so I can contact the college to find out whether the courses are university level or not. Seeing that the fact that they turn 18 next month I don't know whether there is time to go through the process of getting CMS involved it seems that it could take more than 1 month to set up. I have downloaded the information pack from the CMS I will read it through later today. I will stay in contact until I can get a resolution to this situation. Steve
Expert:  ukfamilysolicitor replied 1 month ago.

Hi Steve

Given that they are under 18 at the moment - it is likely that there current courses are not university equivalent.

This could help as it will give you the time to opt out of your current order now and revert to the CMS - so if they do go on to University level courses in the future you wont be liable under the CMS.

kind regards

Caroline

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice