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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son is in his last year of six form and his hours go down

Customer Question

My son is in his last year of six form and his hours go down to 3hrs a week at the end of may does my ex husband have to pay me maitence up until sept 1st ?

Many thanks
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have an order from the court on this point?
Customer: replied 4 years ago.
No it is all verbal agreement
Expert:  James Mather replied 4 years ago.

What is he going to do in Sept? Please explain the 3 hrs.

Customer: replied 4 years ago.
He does dt and btech sport but all his exams for his btech finish end of may so he will be only doing 3hrs a week doing dt , then in sept hopefully get a job as he goes away in aug for a 3week holiday and he has ask to defer a year and go uni next sept.Thank you
Expert:  James Mather replied 4 years ago.

If he is not going
back to college in September to do a full-time non-advanced course, the father
does not have to pay maintenance until September and maintenance finishes when
your son finishes the full-time course.

The reason behind
that is that he is eligible for work as soon as he finishes his full-time
course and the "September" element\ceases to exist as he will no longer be
going back to school or college

Expert:  Clare replied 4 years ago.
The legal position in this is straightforward.
If he was paying via the CSA then he would have to pay until September.
If he was paying under a Court Order then it would finish when the order says (usually the end of secondary education so July)
Since he is paying voluntarily neither of the above apply although technically you could make an immediate application to the CSA if he stopped paying prior to July