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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a query about when I am able to legally stop paying

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I have a query about when I am able to legally stop paying maintenance for my daughter. I have paid maintenance through an agreement in my divorce for the past 14 years with out missing a payment. My daughter turned 18 in June this year and has left school and started a job (not sure if part time or not) but not continuing with any education. I want to do the right thing but it seems to be conflicting info around on what I should do legally ( i intend to support my daughter directly once the maintenance in finished) Hope you can help?
Just to complicate things, my divorce was made under English Law but now both my daughter and I reside in Scotland - My solicitor said I needed to get advice from an English Law person as he was sure this should come under English Law and not Scottish.

Hi, thank you for your question. Was the financial order in the divorce made by consent? Is your daughter now living in your care?

Customer: replied 1 year ago.
Hi,My Daughter still lives with her mother.Yes, there is a minute of consent order. Para 3 states:The respondent do make or cause to be made to the Petitioner (My Ex Wife) periodical payments for the benefit of the child of the family (My Daughter) at the rate of £355 per calendar month until she shall attain the age of 17 years or complete her full time education (whichever shall be the later event) or until further order PROVIDED THAT such sum shall be reduced pro tanto by any sums payable as child support maintenance in respect of the said child of the family pursuant to the Child Support Act 1991.Thanks Peter

Thanks for confirming. It would appear that as she has now finished full time education your liability under the order has ended. If you wished to provide your daughter any financial assistance now, this will be entirely voluntary. If your daughter were to return to education before the age of 20 and study A-Levels or equivalent, or attend a government approved training course, and she continues to reside with the mother, the mother will be entitled to submit an application to the Child Maintenance Service.

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Customer: replied 1 year ago.
Hi Harris,Just to clarify for me. This order takes president over any current Scottish Child Maintenance rules? I believe these imply / state I that I may need to pay this until the end of the current school year?ThanksPeter

Unless a formal application has been submitted to the Child Maintenance Service, the court order takes precedence.

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Customer: replied 1 year ago.
Great, thank you for your help, this makes things a lot clearer.Peter

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris