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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 had a court order for maintenance when I divorced stating

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I had a court order for maintenance when I divorced stating my ex husband would pay maintenance (set amount) until my children finished tertiary education (university) He managed to get the CSA to superceed this to try to reduce what he paid and I have had a nightmare getting csa to use correct figures. My daughter goes to uni in September and the CSA only deal with children until then. How can I get my ex to contribute for my daughter whilst she is at uni - she is living at home so I am still supporting her. The lady at the csa said my daughter will no longer be part of the case so the court order may still stand

Hi, thank you for your question. As the child maintenance agreement was superseded, then the CMS/CSA no longer has jurisdiction once your daughter starts university and you would not be able to seek child maintenance regarding this yourself. However, your daughter would be entitled to apply to court for maintenance to support her during university.

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.

Customer: replied 1 year ago.
she would have to apply to the court, but if the csa no longer has jurisdiction then would the original court order still apply? would she have to pay to apply to the court

Yes, she will need to pay a court fee which is £255.

As the father applied to the CSA, unfortunately their calculation supersedes the consent order agreement and you cannot revert to this after they have accepted jurisdiction.

I appreciate that this may not be the answer you would have hoped for but 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.

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. It does seem unfair that you spend money and time getting a consent order and then the other party can get it overturned without your consent and you are financially worse off. I think she will try as her dad earns a large amount and should help her

I am afraid that 12 months after the consent order is approved child maintenance provision can be superseded by a decision by the CSA.