He said he's not paying child maintance

[2014isagoodyear]

STBXH left us 3 years ago to move in with a work colleague. We live is Scotland and had a minute of agreement done.
It said he was to pay until he finishes full time education max 24 (DS is still in full time education and is likely to be for another 5 years ish..) Our DS turned 16 and I filled for divorce through the 2 years separated no children under 16.
STBXH said he doesn't need to pay anymore child maintance as I have made the minute of agreement nil and voild by applying for the divorce and once divorced he does not need to follow what it said.
Have I done the wrong thing? Can he really just stop paying? I'm gutted and don't know what to do.

Doesn't the agreement specify what will happen on divorce or cohabitation?

In any case, all it really means is that you may need to ask the Court to include a maintenance calculation as part of the process and/or get in touch with CMS (I assume they cover Scotland?) to set a figure. CMS is normally at least until 18.

I'm a divorced Dad myself and he's being a dick if he thinks he can drop his obligation to his kids just like that. Does he think they're going to live on fresh air for the next 2 - 5 years?

Thanks I'll go look it out and read it again. I don't think it does mention divorce.

CMS covers children in full time further education until they are 20 and living with the mother.

You also get child benefit.

I have also managed to get travel nurseries for DS to get to college.

I don't think it matters what agreements you have made.

Basically if you qualify for child benefit, there is a heap of other stuff you can claim.

However, I am in England, but pretty certain most of this applies in Scotland and Wales.

Contact Citizens Advice. Xx

This looks relevant, and seems to say he has to pay support for them (what an are, does he not love them :-( ?):

www.familylawmattersscotland.co.uk/financial-support-for-children.html

CAB sounds a good plan tho OP.

'Are' was meant to say 'arse'!

Thanks. I've read the "minute" again no mention of divorce. I'll go to CAB tomorrow.

OP, my understanding is that the Minute of Agreement is legally binding. If it was also submitted to the Books of Council and Session in Edinburgh, it's virtually set in stone. You can't get a divorce until everything is agreed, including finances, so my guess would be that they used the Minute of Agreement as the evidence for that? You really need to see a solicitor for advice on this.

Thanks everyone.. back to the lawyers for me I guess.. I thought this was all over that's why I did the quick divorce. I appreciate the help. Its hard being on my own.