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Legal matters

When does child maintenance stop

5 replies

mumof2monsters · 19/06/2013 12:48

DH has two DD by first marriage aged 17 (18 in Jan) and 15 (16 in Sept) he had a court order dated 2000 that stated he would pay a set amount until each child attains the age of 18 or ceases full time education which ever is the latter.
We have two children together aged 11 and 9. Oldest DD is 17 and in sixth form at school studying for A levels with an intention to go onto Uni possibly. Other DD is nearly 16 and has to stay at school until 18 anyway. We think she may not go onto college or Uni.
My question is do can we stop paying the ex maintenance once DD is 18 and finishes her time in sixth form? We dont actually want to stop maintenance but what we would like to do is pay a set amount to DD instead of the ex. Can we do that? Could she go to the CSA? We still want to support DDs but want to pay some money directly to them and not the ex.

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DonutForMyself · 19/06/2013 13:03

I think you've probably answered your own question there:

"he had a court order dated 2000 that stated he would pay a set amount until each child attains the age of 18 or ceases full time education which ever is the latter"

If 'the latter' is ceases full time education then no, he can't stop paying at 18.

Paying beer money to the DD at University is not the same as paying agreed maintenance to the other parent.

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ChasingSquirrels · 19/06/2013 13:07

isn't "full time education" in this sense 16-18 education, not higher/further education?

So you pay until she finishes 6th form (DP is paying until the end of the summer, regardless of the fact that his DS is 18, and the education - exams - finish this week).

You then decide whether, and how much, you can afford to support the DC at uni - and that money goes directly to the DC.

Maybe you need to check the wording of full time education.

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pinkbraces · 19/06/2013 13:09

When my DD started Uni, last year, my ex transferred his maintenance payments from me to her. We didn't have a court order though, all maintenance had been arranged between us, and we get on well. It was difficult to adjust to a reduced income but I had always assumed this would happen.

We did ensure that DD understood what the money is to be used for (mainly rent) and she has budgeted very well.

It would probably be best to get legal advice

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RedHelenB · 19/06/2013 14:39

To abide by the court order then your dh needs to carry on paying maintenance to the mother until full time education ceases.

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STIDW · 19/06/2013 21:50

There are no powers to involve the CSA when there is a court order for child maintenance predating March 2003.

What are the exact terms of the order? "Full time education" is ambiguous and open to interpretation. Unfortunately the only opinion which would be binding is that of a judge. Negotiation and compromise would be a better way forward - it isn't in either parent's interests to take the matter to court. Would the mother agree to the daughter being paid directly?

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