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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 have been paying maintenance for my son since I split from

Customer Question

I have been paying maintenance for my son since I split from my ex-wife in 2005.I discovered that CMS state that maintenance ceases once the child ceases full time education that child benefit and maintenance cease. Given this I sent a message to my ex that my payments would cease since my son was now employed as an apprentice and is paid £160 per week and on an NVQ level 3.She responded by pointing out that when we divorced there was a court order which committed me to paying £200 per month until my son reached 17 or ceased full time education whichever was the latter.She has further stressed this by sending me a letter threatening me with legal action if I fail to continue making payments. Her letter again referred to maintenance stopping at my son's 17th birthday. Her threats continued in her letter that the courts also have the power to make a further order to force me to continuing paying further than originally agreed.Upon checking my decree absolute my copy refers to my son's 18th birthday.As my ex has now put in writing on 2 separate occasions that she is expecting payments until 17 am I within my rights to cease payment at 17 as she appears to have that understanding. What powers does the court or cms have to make me pay more money?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Unless you had applied to the CMS to recalculate the amount in the financial order (which can be done after 12 months of the order being in place if it is a consent order) - then the court order will remain in place and enforceable. 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.

Expert:  Harris replied 8 months ago.

Hi. Thanks for reading my response.

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