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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child maintenance and turning 18yrs

38 replies

Iloverupertp · 04/03/2021 07:14

My DD has just turned 18 so child maintenance has now stopped.What set up did you have with your exdh once this happened? I have paid for everything out of the maintenance including driving lessons.insurance etc.
My dd has discussed this with her dad and he’s told her he doesn’t have to pay for her now ,but he will!
She’s off to uni in sept.I’m a nurse so she will have access to a decent maintenance loan(but obviously will have to pay it back )
Exdh earns at least 4 times as much as me but has already told her he shouldn’t have to contribute more than me.
I’ve put money aside but it won’t last forever and I’ve got 2 more children.
Did your exdh give your child a monthly allowance?
Tia

OP posts:
thebestever · 04/03/2021 14:38

Thank you

purplebagladylovesgin · 04/03/2021 21:22

@JessBen your situation is quite unusual so I don't know the answer.

I only know that if you are living with one parent (resident parent) then it's this parent who is financially assessed.

Iloverupertp · 05/03/2021 08:28

Mrsbertbebby
The wording of the consent order is
‘The payments shall continue until the children respectively (1)reach the age of 18 ,or (2) end their full time secondary education ,whichever is the later
Monthly payments shall reduce proportionately as the children respectively reach the age of 18 or finish their full time secondary education ‘
So when do they class finish education ?May when exams are usually taken ??
Not sure I can go to battle again if it’s only a couple of months extra !

OP posts:
MrsBertBibby · 05/03/2021 08:40

When was the original order made?

Iloverupertp · 05/03/2021 08:43

2015

OP posts:
ivfbeenbusy · 05/03/2021 08:49

Continuing education after 18 is the child's choice - lots of parents who aren't divorced can't afford to continually financially support a child at uni.......

MrsBertBibby · 05/03/2021 09:14

OK so when a consent order for child maintenance (as opposed to spousal maintenance, which I assume you don't have) is made, then it is not forever. Either party may, any time from 12 months of the order, apply to the CMS for an assessment. Once the assessment is completed, the order falls away, and the CMS take over.

So you could go to CMS at any time.

At present, arrears will accrue under the order, I can't recall without checking what case law says about when the courts assume FTE ends. CMS is August.

purplebagladylovesgin · 05/03/2021 09:37

@Iloverupertp consent orders usually finish after secondary education or further education. Usually at the end of the summer term.

Higher education at university or taking an HND are not included. These are choices the young person makes in adulthood.

FactsAndFigs · 05/03/2021 09:50

Mine stopped on 18th Birthday whilst still in college, it was private arrangement.

They took out full loans for Uni as I wasn’t in financial position to help. The loan assessment was based on my income as lives with me

Loveacoseynightin · 05/03/2021 20:18

I see from some posts that they expect the ex to keep paying maintenance when an 18 year is classed as an adult.

Maybe the NRP would rather deal directly with the child

GoldenBlue · 05/03/2021 20:23

The end of the school year, in July unless there is an earlier finish date from her college

RandomMess · 05/03/2021 20:25

He should be paying until the end of August as that when she officially leaves her secondary education 🤬

FactsAndFigs · 08/03/2021 23:28

@Loveacoseynightin

I see from some posts that they expect the ex to keep paying maintenance when an 18 year is classed as an adult.

Maybe the NRP would rather deal directly with the child

The 18yr may be an adult but that adult still in education and living at home with the same parent
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