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when does maintenance stop?

3 replies

Memom · 06/11/2015 21:53

My Ex has informed me that maintenance and mortgage payments will stop next month when our DD becomes 18. I was under the impression it had to continue until full time education finished. Anyone in the know advise me?

Many thanks

OP posts:
DearestMommy · 07/11/2015 08:28

My daughter is 18 and has been for over a month. I have the letter from CMS that says it is payable until October next years. she leaves full time i.e. at her 19th birthday. If she continues in university I believe that maintenance will remain payable until she is 20 or 21. Not sure on that. But no as long as your daughter is in full time education CM should continue to be paid. .
As for the mortgage, I don't think that's connected to child maintenance and as such nothing to do with her age. It's a joint liability and if he doesn't pay it and you don't earn enough to pay it, it will still be needed to be paid by either of you and if you can't he should meet the short fall. To just stop paying it and letting the mortgage go into arrears would be foolhardy.

Do you have a court order that says he has to pay the mortgage or is it an informal private arrangement? If informal arrangement between yourselves and you aren't cohabiting with anyone else it might be time to get it all formalised. That will possibly result in the house being sold or you having to buy him out etc etc. However, if you are still single and earn a lot less than him, then spousal maintenance may be payable and that might enable you to pay the mortgage.

If you are cohabiting (as I am) it think it only fair if your ex is letting you remain in the house that you cover the mortgage yourself in it's entirety. My ex pays absolutely nothing towards the household, just the very basic child maintenance. I wouldn't have it any other way. Why should he pay towards a house that he's not living in is my view. I also think that it is my responsibility to see that either I buy him out or sell within a reasonable time scale of our daughter leaving college to release him from the mortgage so he can move on with his life. I don't know if I would feel the same if I were still single though.

I think it's time for you to consult a solicitor. A half hour consultation is free.

UnexpectedItemInShaggingArea · 07/11/2015 09:00

A half hour consultation is not free. Some solicitors will offer this as a marketing tool but it's not an entitlement. I wish people would stop spouting this nonsense.

prh47bridge · 07/11/2015 09:06

If the child maintenance is paid through the CSA/CMS it stops when your child finishes her A-levels. Contrary to the comments by the last poster child maintenance through the CSA/CMS is NOT payable while your daughter is studying for qualifications beyond A-level although she may be able to apply for maintenance from her father in her own right.

The fact that he is also paying the mortgage suggests we aren't talking about CSA/CMS. If there is a court order it should state when maintenance will end. If it is an informal arrangement between the two of you it is unenforceable so he can stop whenever he wants.

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