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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Divorce maintenance payment extension?

36 replies

RestingWifeFace · 22/04/2024 14:39

Divorced for over 10 years and ex has been paying (parental and child) maintenance ever since we had the legal agreement put into place. Agreement states that it’s paid until the youngest child leaves secondary education. That time is coming very soon. AIBU to expect my ex to continue paying the/any maintenance all the time the children are living with me, even if it's not a legal requirement?

OP posts:
PotatoPudding · 22/04/2024 15:54

TallulahBetty · 22/04/2024 15:52

I doubt very much that you know 3 women who have it for life - that is incredibly rare in the UK.

Edited

It’s not court ordered but been agreed by both parties with a legally binding contract drawn up.

mitogoshi · 22/04/2024 15:58

@TallulahBetty I know two one being me. It's not that uncommon when there's a major imbalance in earnings for specific reasons

AnneLovesGilbert · 22/04/2024 16:04

If you’re sure he’ll comply it’s unclear what you’re asking here.

RestingWifeFace · 22/04/2024 16:15

Bramshott · 22/04/2024 15:48

I guess it depends if both you and your ex understood "the end of secondary education" to mean 16 or 18. If your ex thinks it's the former because sixth form isn't "secondary" then I think you have a good case (morally, if not legally) to argue that kids don't become magically cheaper once they do their GCSEs.

Right, secondary education is up to 16. The agreement states that or youngest child turning 18, whichever is later. So the payments will stop before they finish full time education.

OP posts:
RB68 · 22/04/2024 16:28

Actually there is a requirement to 18 for education these days either in school, college or some sort of educational apprenticeship scheme, which even though that can be paid its minimal.

Livinghappy · 22/04/2024 16:34

It's poorly drafted but generally full time education is up to end of Alevels.

Child support maintenance will usually apply as long as Child Benefit is payable which is usually after Alevels. I think the last payment is August but not 100% of dates.

If the legal agreement does specify earlier then it's likely you could apply to the CMS for payments until dc finish Alevels.

Once they are post Alevels generally all payments the father chooses to contribute should go to the young person directly.

Shinyandnew1 · 22/04/2024 16:37

I would imagine it will stop when they leave secondary education at either 16/18. If they go to university, he might give some money directly to the student, but don’t believe he has to by law.

RestingWifeFace · 22/04/2024 16:39

RB68 · 22/04/2024 16:28

Actually there is a requirement to 18 for education these days either in school, college or some sort of educational apprenticeship scheme, which even though that can be paid its minimal.

Thanks, do you have a reference to this? @RB68

OP posts:
missmollygreen · 22/04/2024 16:39

RestingWifeFace · 22/04/2024 14:52

Maybe if the youngest decides to go for further education

Presumably not with the spousal maintenance though?

RB68 · 22/04/2024 17:11

First hit on google attached on a .gov site so fairly reliable

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