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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33901
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husbands son was 16 last december and left school in June

Customer Question

My husbands son was 16 last december and left school in June this year. He started work as a chef apprentice but he does not go to college at all, he is earning money and working 35 to 40 hours per week.
Working Family Tax credit and Child Benefit have advised me that my ex wife is not entitled to claim these anymore as my son is classed as employed.
My ex wife still expects me to pay maintainance for him but as he is working I don't feel I should ?
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - does your husband pay under the terms of a Court Order?

Customer: replied 5 months ago.
There was a court order in 2010 but this was assuming he would be in fulltime further education
Expert:  Clare replied 5 months ago.

What is the exact wording of the order?

Customer: replied 5 months ago.
to pay until the child has finished fulltime education or 18 whichever is the later
Expert:  Clare replied 5 months ago.

Then I am afraid that there is no way around this - he has to pay until the child is 18 - unless he chooses to apply to the Court in the hope that they will agree to the Order ending.

Had he applied before had then the Child Maintenance Service could have made an assessment that superseded the Court Order - but that is no longer an option sadly

I am sorry to give bad news - please ask if you need further details

Customer: replied 5 months ago.
in essence he has to pay even though his son is earning a wage and paying his mother rent ? Does he have the option of topping up his sons wage if he needs it rather than pay his mother ?
Expert:  Clare replied 5 months ago.

Do you know how much the boy is earning?

Customer: replied 5 months ago.
between £800 and £1000 per month
Expert:  Clare replied 5 months ago.

How much is the maintenance?

Customer: replied 5 months ago.
It is £250 per month
Expert:  Clare replied 5 months ago.

Then your husband may be able to save the £3000 that the next year will cost by applying to the Court to dismiss the Order on the basis that his son is now earning a good wage himself.

This is done using a Form A available here

https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf

The fee is £245

Please ask if you need further details

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