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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34896
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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Under what circumstances is a divorced woman with a 17 and

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under what circumstances is a divorced woman with a 17 and 20yr old child entitled to maintenance. She gets DLA for the 17yr old who is not 24hr care. Both go to University. I think she gets housing allowance for her rented house and fees paid for the boys as well as maintenance for the boys and a slice of her ex-husbands pension. He gives her approx £1200 per month
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long were they married and how much does the ex husband earn?
Customer: replied 2 years ago.

They were married for approx 18 years. He earns

£80,000 per annum and has re-married. He is paying her £100 per week for each child as well as her maintenance payment but she doesn't seem to be using it for the boys needs. Their father is additionally paying for their mobile phones and car insurance for the older boy.She has no intention of finding a job though she is in good health at 50yrs old. He is paying her £150 per month till she is 60 under the clean break pension payment.

When does the Order say that Child Maintenance will end?
Customer: replied 2 years ago.

Child Maintenance will end after full time education but what would be a reasonable upper age limit since some children will stretch

out into their mid twenties.

Is that the wording from the court order?
Customer: replied 2 years ago.

Yes I think so

it actually says "Ceases full time education" ?
Customer: replied 2 years ago.

I would think so because my son is expecting to stop paying for the 21yr old next September when he ends his degree.

I suppose my main query is whether he has any right to go back to the court as his circumstances have changed and whether she is due maintenance for herself when she doesn't have to be at home to look after two young children and doesn't have any intention to work.

His liability for child maintenance will cease when each child leaves University.There is no point in applying to the court to vary the spouse maintenance unless his income has fallenThe figure and the period were set because of the massive difference between what your son earns and what his ex could earn If his income has markedly decreased then it could be worth an applicationI hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your help

You are most welcome - I hope it goes well