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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My son will be 17 years of age in January 2014. He is attending

Customer Question

My son will be 17 years of age in January 2014. He is attending harrogate army college earning approx £200 weekly. My consent order states I must say £150 per month until his 17th birthday. Does this still apply now his mother is no longer in receipt of child benefit and he is a wage earner?
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I can help you with your question.

How many hours of study per week does he have to do?

Expert:  Clare replied 4 years ago.
Thank you for your question.
Since this is a Court Order then the only way that you can stop paying is by applying to the Court for a downward Variation - or for the Order to be dismissed
The dismissal will not be backdated to a date before the application was made - so the cost may well be more than you will actually save since the application fee is £255.
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.
I did state consent order, not court order. Are they the same?
Expert:  familylawexpert replied 4 years ago.

They are the same yes.

Clare is correct that the order remains in force, but the reason for my question about hours of study was that I was going to warn you that the mother could apply to the CSA for a maintenance assessment, which would supplant the court order. The CSA rules (regardless of what the order says) would mean that you pay maintenance in respect of your son until he is 20 for so long as he is in full-time education.

The reason for telling you that is because, if I were you, and given the short period of time that you have to hold on until the order expires, I would very much not want to disturb the status quo, and simply continue as you are - hoping the mother won't be prompted into making that application to the CSA.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Expert:  Clare replied 4 years ago.
Since the mother is not receiving Child Benefit then she cannot apply to the CSA in any event so that is not a cause for concern (provided of course that you are certain she is not)
Expert:  familylawexpert replied 4 years ago.

It is correct that attending AFC means enrolling into the army, and therefore the AFC does not count as full-time education, which would mean the CSA will not make an assessment.


There is no proportional merit in you applying to vary the order, which does still apply, so you should pay until January when it comes to an end automatically.