ex still paying maintenance

[notmrscookie]

We had an agreement from our divorce signed by court .
ex would pay set amount to child 18
then a reduced amount till 21

He had paid full amount until 21
At the time my solicitor said it was his choice .

son took divorce hard and had had trouble with police and drugs so it's been a hard few years.
so he has cost me more money in keeping at home.

well the full amount was paid into my bank account again but the court paperwork just said until son is 21.

morally I want to say something but fear it could open a massive hole.We haven't talked for 3 years .He openly slates me and the court had us in separate rooms for my safety.
if I said something would I be made to pay it all back or do I act dumb and say I lost my paperwork if challenged later on..

He was storing his paperwork in the car as he couldn't handle it at times as he wanted to leave me but didn't think about finances and was shocked at split.

What do you mean you want to "say something"? There is nothing you can take to court here. You can't go back to court and ask for more money.

Is it that son is now older than 21 and you are still getting money?

@prh47bridge

What do you mean you want to "say something"? There is nothing you can take to court here. You can't go back to court and ask for more money.

Read her post properly.

Ask your bank to return the money.

If he's crap with paperwork and has a history of burying his head in the sand then it's probably happening again.

I'd maybe just keep it aside from now on, if DS has only just turned 21 then it may just take him a few months to get round to it.

If is his choice if he wishes to support his son beyond 21. My exh is supporting our dd so pay law me maintenance indefinitely (she has additional needs) no court order as we privately arranged finances. In this situation I would keep the money to one side in case it's a case of late to tell the bank to stop it

I have a friend who is still supporting his child as whilst they are in full time education. He said he'll stop once they have finished uni and are working. He and his ex hate each other and he hasn't seen his child apart from an birthday meeting ups in a coffee shop. The now adult child's choice. He still pays the money into his ex's account each month as he says its the right thing to do. Perhaps this is your ex's thinking?

I'd just put the money aside. If he wanted the money back, it wouldn't be a straight forward case as just you having to do so there and then, but ultimately, depending on the wording etc... it could come down to you having to pay something back, so keep the money and see if he decides to claim it back at some point in the near future. To be fair, why would he continue to pay for a over 21yo?

it was till 21 so I could give him a home whilst at college and a huge difference in earnings.

I just put it aside for now and see if anything is said as returning it could open a whole can of worms as I have spent the difference over the last few years on a new front door .He smashed, paying for driving lessons, drug debt etc .I know but I have his elders brother to think about too.

Under s33 of the Matrimonial Causes Act 1973 the court has the power to order that any sums paid in excess shall be repaid. If I were you I'd write to him thanking him for the further payments making it clear that you are accepting them as voluntary maintenance.

What age is your son now?