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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11672
Experience:  30 years as a practising solicitor.
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MorningWondering if you could please give me some advise,

Customer Question

Morning
Wondering if you could please give me some advise, I have a minute of agreement with my ex husband that is registered in Scotland. In section g of the agreement that relates to Aliment and children's nursery fees, point 5 states that "Both parties acknowledge their liability to aliment the children once they attain the age of 18 provided that they are under the age of 25 and reasonably and appropriately undergoing education or training for a trade, profession or vocation."
My ex husband has stopped paying maintenance for our daughter 2 months ago, she is 17 and left school at the end of July she doesn't turn 18 until November but is due to start college or university in Sept/October this year. My ex husband has said that the Child Maintenance Services advised him to stop paying maintenance as our daughter has finished school even though the agreement states the above. Please can you advise what is the best way to proceed with this as I think he is in breach of our minute of agreement.
Regards
Lynn Falconer
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
What does the agreement say about maintenance before your daughter reaches 18?
Customer: replied 2 years ago.

(g) (1) It states that Mr Bruce will aliment the children and contribute towards their nursery fees at the rate of £600 total per calendar month. Aliment will be paid to Mrs Bruce for the maintenance of the children for so long as they are in her care and under the age of 18. The amount of aliment agreed at £600 per month includes Mr Bruce's contribution to the nursery fees to be paid by Mrs Bruce for Finlay and Liam. The aliment payment shall not be reduced below the sum of £600 per month until 1st September 2011 when Liam will have started school.

(3) Mr Bruce will pay interest at the rate of 8% per year on each instalment of aliment outstanding from its due date until payment.

(4) Both parties have been advised that this agreement is subject to the terms of the Child Support Act 1991.

(h) Both Mr & Mrs Bruce accept that either party may apply to the Child Support Agency for a maintenance assessment to be made to replace clause First hereof insofar as the Child Support Agency may have jurisdiction. In the event that an assessment is made prior to 1st September 2011 Mr Bruce will make payment of the sum of £600 per month or the amount of assessment whichever is the greater until 1st September 2011. Thereafter Mr Bruce will have no further obligation in terms of clause FIRST (g) hereof other than any arrears that have arisen prior to the Child Support agency assessment being made. In the event of a material change of circumstances, either party may apply to a court of competent jurisdiction to vary the provisions in clause first (g).

CSA made an assessment on 19.09.11 and advised that Mr Bruce should pay £132.10 a week which worked out at £572.43 per calendar month. This was still paid to me directly from Mr Bruce into my bank account all the CSA conducted for me was an assessment based on his salary increases from when the agreement started in Nov 2008. This hasn't been altered sine then.

Regards

Lynn

Expert:  JGM replied 2 years ago.
Are you still getting child benefit for your daughter?
Customer: replied 2 years ago.
No I don't get child benefit for any of my children.
Expert:  JGM replied 2 years ago.
Child maintenance stops when the child ceases to be in school level education or the age of 20, whichever is the earlier. Your daughter is in a transitional period between school and college/university. She has a direct claim for maintenance from her father both now and after she starts university.
The child maintenance service no longer has jurisdiction but that does not mean that her father should not be supporting her. He should and she can take him to court if necessary for maintenance for herself if she has to.
I hope that helps.