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Legal matters

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extending a court order to provide uni fees

58 replies

determinedmum · 14/03/2011 21:18

Does anyone know if it is possible to ask the court to extend an order for maintenance for children-currently till they finish secondary education- to be extended until they finish further education?
Essentially I bought my exH out of the family home 10 years ago, as ruled by the court after a contested hearing. At the same time a consent order was made whereby exH paid me money for each of the 2 children till they left school or were 17 whichever was later. He stopped this when the eldest became 18 even though both were still at school at the time. The eldest has now started uni. As exH has not responded to reminders and requests and the younger child is about to leave school I am planning to ask the court to make exH pay the arrears (?how?) to me and also in future pay an allowance directly to the children till they finish further education.
Financially I know exH has no problems: he is just being cussed as he wants the best possible lifestyle for himself.
What is the best way to achieve a contribution to uni costs for the children and payment of the amount he owes me? Can I just apply to have the original order extended?

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freshmint · 17/03/2011 20:11

yes a consent order will need to be approved by the court if you want to finalise the financial settlement

same as if you just reach agreement by negotiation between the parties or their solicitors or through a collaborative process

mediation would be pre-forms E and if successful wouldn't require a form E just a statement of information (M1) from each party setting out income capital pensions etc on a single page

determinedmum · 17/03/2011 20:29

If the order is still in force for the younger child but out of time for the older one (now at uni) will/can the future hearing/mediation take both children's needs into account?

The judge seems to have agreed to a hearing for both children's uni fees thus far. But then realistically does this mean that the judge cannot make an order for both children to get the same amount for uni fees or am I just getting my knickers in a twist?

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determinedmum · 17/03/2011 20:41

Forms E aaarrrgggghhhhhh Pensions aaaaarrrggghhhh Statement of information M1 aaaarrrrgggghhhh.

I need that 18 month financial spreadsheet mentioned on another thread on mumsnet on pick of the day recently. Which I don't have (the spreadsheet I mean). I cant imagine a judge being remotely interested in it even if I did have one. exH would be interested though. Nosey he is.

Off to get coffee..... Nice Italian freshly ground coffee, freshly brewed and poured into a lovely portmeiron mug.

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freshmint · 17/03/2011 20:41

no only the younger child if I and the family judges in the thames valley are right but yes if Resolution is right

Interesting that they have listed it for both. If the older one no longer has an order then there is nothing to extend or vary (which is what you will be seeking for the younger one). So even if Res is right I'd expect you to need a separate application for the older one and if I'm right the older one would need to apply in her own right

Although it would be sensible to hear them both together

When is your hearing? Imminent? And where are you geographically?

determinedmum · 17/03/2011 21:35

The hearing is in September.

exH offered to pay for mediation so no idea when that will be as he was asked by the judge to organise it. Presumably before September. One month from now to file forms E.

Dont know if I should say where I am geographically. Why do you ask?

What does mediation involve?

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freshmint · 17/03/2011 22:06

only asking because it seems, if resolution is right, that there may be different approaches in different areas

If your court is oxford reading milton keynes slough it may well be your daughter will have to apply herself

I would have thought that would be the case everywhere but resolution thinks differently and may be right

sounds like you will have to do forms e unless you can get to mediation and reach an agreement in a month. I'm sorry about that.

freshmint · 17/03/2011 22:09

mediation is just sitting down with a mediator who is probably not legally trained, and probably with your lawyers (who can advise if what you are agreeing is something which the court is likely to approve) and trying to thrash out an agreement. With the mediator trying to point out if somebody is maintaining an untenable position in a conciliatory way and trying to find other ways of meeting their concerns etc.

It won't work for people at complete loggerheads holding on to ridiculous positions but it does work for people who would like to avoid court and are willing to make compromises to do so.

since this is about your daughter and her education it may well be that it is very suitable for mediation as it shouldn't be painfully personal unless either party uses it as an excuse to make it so

determinedmum · 17/03/2011 22:44

Thanks- not daughter-not Thames Valley. Just as well really by the sound of it. Resolution's approach was the one advised to me.

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