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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a court order that says my husband is to pay until the

Customer Question

I have a court order that says my husband is to pay until the end of tertiary education. However my daughter dropped out of her university course last jan after 4 months. She then applied for her new course and started that this September. there was a 6 month break of hichshe worked 2 days a week. In jan my husband stopped paying even though I got left with 1800 pounds worth of university Hall bills as her guarantor. My husband refused to pay half the bills. Now when I have asked my husband to reinstate the money as she is back in tertiary education he says the court order is null avoid. He is paying her directly some money but he says that's between him and her , I have not agreed my money goes directly to her. She has had this money and drunk it (as teenagers do) and I am left with all the bills for books, food, petrol, uniforms, clothes, accommodation. I cannot afford for him to do this, I need him to pay the money directly to me so i AM assured as her guarantor I have the funds to support her through her education. As far as I am concerned he has gifted my daughter the moneytherefore as per court order he still owes me. What I am unsure about is the court order still standing as she is in tertiary education but she had a 6 month break (order just says it is to cease until shes 17 or after tertiary education)
b...this is the 4th time I havehad to revisit court for either non payment or refusing to pay the correct amount (he is a police officer, so money not the issue). Therefore do I have a case to apply for attachment of earnings
c...I want this money to come directly to me so that I am not changing the terms of the order as so far it has protected me (each court visit it has come out in my favour). Is this sensible or unreasonable
thank you for your time
Please advise
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much should he be paying under the Order and how much i she now actually paying your daughter?
Customer: replied 3 years ago.

Under the court order it is £245 a month which I believe is what he paid her. To which she spent it on socialising and not for what it was intended (to support her uni costs, food etc). This payment was only agreed in court last nov as he refused to pay the correct amount. My concern is if he is not bound to a court order, he will stop or reduce the payment whenever he chooses (as that has been his pattern over the last 15yrs). If I let the court order slip now, I am concerned that I will not have a case to challenge his actions in the future if he should refuse to pay.

I have suggested that if he chooses to pay her directly, he becomes the named parent for liability for unpaid bills. He has refused this.

i was left with a lot of debt when she dropped out of university and my ex husband did nothing to help with this payment, he just stopped his money. I cannot keep doing this, it is putting me under financial stress

Expert:  Clare replied 3 years ago.
Technically the Order stands - but I am afraid that if you take action to enforce this then the fact that he has paid the amount to your daughter will be seen as reasonable in all the circumstances - and indeed the Order may then be varied to allow for this.
I appreciate that this is difficult - but I am afraid that your daughter will have to learn that she too needs to budget given that you still have the other bills to pay
I am sorry - I know that this is not the news you wished to hear - please ask if you need further details
Customer: replied 3 years ago.

One of my concerns is he will stop sometime in the 3 years if i let the conditions of the court order change. then technically where do i stand. his history is not the best.

What about the fact i am left with the bills if she cannot pay them

Expert:  Clare replied 3 years ago.
The Order stands - you are simply accepting that the payments will be made to your daughter direct
You can still enforce this if he defaults.
So far as the bills are concerned I am afraid that your daughter has to take responsibility for these - you are a Guarantor only