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Want ex to pay mainenance if youngest child is still in education

8 replies

Joy5 · 25/07/2013 12:56

Has anyone any experience of maintenance being paid after the youngest child reaches 18.

In the middle of sorting finances out now, ex wants to stop paying maintenance as soon as our youngest reaches 18.

Hes only fifteen and not sure what he wants to do next year never mind in 3 years time, so might not even go to uni.

I just wondered if any one has any experience of getting their ex to pay maintenance until the youngest leaves ft education? Not sure if its even worth me paying my solicitor to try and fight for it if its not usually awarded. Just worrying that in 3 years time when the tax credits stop, i won't be able to manage financially, have a very low paid part time job, and doing everything i can to get more qualifications and a better paid job but everything takes time, and not sure i'll have done it in 3 years. We'll obviously still need a home then, just want to cover everything to increase our chances of keeping our home until my 2 younger sons can start work and support themselves.

OP posts:
Whitenosugarplease · 25/07/2013 13:16

I don't think University education counts as students can claim loans and grants. A friend has been through this argument with regards eldest and payments for that child have now ceased as it is the end of the academic year. The boy finished his A levels. She has now agreed to put house up for sale so both parents can buy a smaller house or flat.

Collaborate · 25/07/2013 13:21

That's not correct.

Whilst in secondary education the CSA has exclusive jurisdiction. When at university the court can make an order, either under the Matrimonial Causes Act (if you are/were married) or under the Children Act. Such orders are usually made so that the child gets paid direct.

Whitenosugarplease · 25/07/2013 13:28

So who activates that? The mother or the child? Would that also cover a Masters degree or would that be a separate application?

Collaborate · 25/07/2013 13:47

Usually to end of first degree.

Under the Children Act the child is the applicant, but the spouse is the applicant under the MCA.

Spickle · 25/07/2013 14:21

Agree with Collaborate - my friend's DH has been to court re maintenance for his daughter (from a previous marriage), who is studying full time at Uni. Friend and her DH were convinced they would no longer have to support this daughter as she was over 18, but they have lost their case and maintenance will continue until end of undergraduate degree.

Joy5 · 25/07/2013 15:33

Thanks for the advice, i think its worth my while spending money i don't really have, to ask my solicitor to try and get maintenance extended until my youngest son leaves FTE. My ex won't be happy, his view is if his son lives with me then i should maintain him. But i earn so little, he earns 8 times what i do, i can't re mortgage i've already tried, if he pays the mortgage for the next 7 seven years, it gives me time to study, get qualifications and another better paid job, in order that i can take over the mortgage.

OP posts:
spanieleyes · 28/07/2013 13:43

But the money wont be so you can pay the mortgage surely? It goes straight to the child in question.

LadyMaryQuiteContrary · 28/07/2013 13:54

The NRP can't dictate how maintenance is spent, spaniel. It used to go into the kitty here so would help with things like food/travel to school etc, if that makes sense. It does go to the child, just not as directs as 'here's £50 from your father/mother, go and buy yourself some shoes'.

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