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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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, I've been separated years from my ex, we have

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I've been separated for some years from my ex, we have 2 children together 15 and 17. I set up maintenance when we split and continued to pay every month without fail. However since the 16th of last month my eldest has come to stay with me because of not getting on with her mom. My ex is under the impression that I continue paying for the youngest that stays with her? I thought that because we both had 1 child in each house hold that I didn't have to pay for youngest that stays with her? I have contacted my ex about this and she replied that I still have to pay maintenance for the youngest and that she doesn't have to pay for the eldest that stays with me? We are both working and live with partners that work too can you clarify this please I am more than happy to pay if this is the case but just need clarification.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is your eldest still in education and does your ex work?
Customer: replied 3 years ago.
Hi Clare thanks for the reply , my eldest is at the moment still in education she is 6th form looking to start collage when she is finished this year , yes my ex is working as a nurse in Glasgow
Since you are both in Scotland different rules apply
I shall opt out and transfer you to the correct section.
There may be a dealt but my colleague is well worth the wait
Thank you for your question. I am a solicitor in Scotland. From what you say child maintenance is due for your eldest as she is still at school and your ex wife being the absent parent, she is due to pay the maintenance so having one child each would cancel out the liability. You should make sure that child benefit for the eldest is switched to you. Once your eldest starts college, both parents will have a duty to support her under section 1 of the Family Law (Scotland) Act 1985 and child support will cease. Happy to discuss further. I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you