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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am paying maintenance for my daughter who as just turned

Customer Question

I am paying maintenance for my daughter who as just turned 18.I have informed my ex that I will be discontinued payments to be told that my daughter is continuing on at college to do a FDQ L2 diploma in catereen so will need to continue payment.Could you advise me if this is the case as I have been told that some higher level course that I do not need to .Also am paying the full mortgage payment on the property where my ex and daughter reside but also want to discontinue this payment now she as turned 18.Again I was informed by my ex that I had to continue paying until my daughter is 21.If this does turn out to be the case then surely I should only pay half as it is a joint mortgage with my ex so she should pay the other half.Also I do believe her current partner is living at the property so again where do I stand regarding this matter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm if there is a court order in place in relation to either the child maintenance or the mortgage payments, if so please confirm the terms, or if possible please attach a copy of the order using the paperclip icon

Customer: replied 1 year ago.
Hi there is no court order on house or for the child maintenance . The child maintenance was an agreed payment between my ex which I believed would end when my daughter was 18 & leaved further education but as I have said she is attending college for a further qualification but will I still need to support her as with the mortgage my ex said I needed to keep a roof over my daughters head while she is in education but surely I only need to pay half as my ex is on the mortgage to. I ended up paying all of it because she refused to pay her half. I cannot afford to carry on doing this.
Expert:  Harris replied 1 year ago.

Thank you for confirming. Firstly, child maintenance liability only ends under the statutory scheme when a child finishes A-Levels or a government approved training course. However, as you have no court order or formal child maintenance calculation from the CSA or CMS then there is no enforceable action against you by the mother, however, if you stop and the course that your daughter is on is a government approved training course the mother will have a right to apply to the CMS to deal with child maintenance and carry out a calculation of your legal obligation.

In relation to the mortgage, as you are jointly on the mortgage, you will both be jointly and severely liable for the mortgage, so if there are arrears for non-payment the mortgage company can pursue action against both of you or either of you. As there is no court order in place and she remains living there to your exclusion it would be expected for her to meet the outgoings for the property, including the mortgage. If you are or were married to each other, she has a right to apply for financial relief from you (as you do against her as well).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.