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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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Morning, I have a court order for my divorce and it states

Customer Question

Morning, I have a court order for my divorce and it states my ex-husband should pay maintenance for the children whilst in full time education or until 18, he has stopped saying my son who is 16 is no longer at school because he has taken his GCSE, my ex now lives in Florida what can I do
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet, this will cost I assume
JA: Have you talked to a lawyer about this yet?
Customer: no Its this month he has stopped out of the blue
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My son may be going to Florida in September but no definite plans have been made as yet
Submitted: 12 days ago.
Category: Family Law
Expert:  Stuart J replied 12 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

So he is arguing that he isnt in school so doesnt have to pay?

Customer: replied 12 days ago.
my son is 16 and yes basically because he physically isn't at school at the moment because all exams have been taken. But obviously still in the school system until 18
Customer: replied 12 days ago.
If I could get a idea via this route that be great.
Expert:  Stuart J replied 12 days ago.

I’m not certain what the timescale is here but child maintenance is payable under the Statutory Guidance from the Child Maintenance Service or the court order.

If it’s full-time nonadvanced education or until 18 and the child has done exams, then child maintenance is payable either until the beginning of September or until the child gets a job.

The school holidays are classed as part of the previous year not the beginning of the following year and that’s why child maintenance is payable after the exams, until the next year at school would have started unless the child gets a job in the interim.

So you are actually only talking however about a couple of months maintenance in any event and if the father lives in the United States the cost of enforcing the extra couple of months child maintenance is going to be more than the amount of money.

What’s extremely relevant therefore is whether your son is going to start work in the summer holidays or whether he is going to go back to full-time nonadvanced education in September.  For example, he could be re-sitting some exams.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 12 days ago.
He is going to start college in september so this is not classed as nonadvanced education because they still have to continue school until 18. The agreement was he would not pay over 18 so if they attended University he would still not contribute
Customer: replied 12 days ago.
basically because he is in america the court order doesnt mean anything and he can do what he pleases, is this correct
Expert:  Stuart J replied 12 days ago.

It depends on the wording of the order.  If it says full-time education with no reference to “nonadvanced” than in my opinion it includes college until 18.

So is nonadvanced then it’s payable until September.

Just he is in America, it doesn’t mean he can do what he likes, it just means that you have to enforce the UK order in the United States and unless you have experience of that, then you are going to need a US attorney.

There is a Reciprocal Enforcement of Maintenance Orders (REMO) provision so the audit is enforceable in the United States.

Customer: replied 12 days ago.
Ok thank you.
Expert:  Stuart J replied 12 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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