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Maintenance Order

  • worriedmum15
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20 May 13 #394190 by worriedmum15
Topic started by worriedmum15
Hi, I have a maintenance order for my two children that has been in place for over 12 years now which was initially to be paid until they finished their 1st Honorary Degree. My eldest left college last September but failed to get into Uni. They then spent 6months as an apprentice and was then accepted into Uni in March and has been there for about 2months. However, my ex husband is now refusing to re-instate the payments that are due as per the Original Court Order as he claims they are now an adult and not entitled to any further support. Ye the order stated until the end of their degree.
I was originally advsied that the previous order could be revived. However, after an initial, adjourned, Court hearing it was mentioned it may not be revived as it had lapsed. But then eitehr our eldest could, perhaps, apply in their own right for a new maintenance order or I could ask for a new order. In either case it is intended any monies paid via any order would go to them in order they can gain addtional support themsemves whilst at Uni.
After seeking free legal advice in readiness for the next hearing the issue is now even more confusing as the solictor said I may not succeed in obtaining a new order and should seek full legal advice.
I am now so confused and not in a postion to be able to afford full legal advice as I am having to pay additioanl monies to my eldest at Uni as she does not get a grant due to household income rules. Please can any one advise how I stand and if the old order can be revived or if my eldest will be successful in obtaining a new order for maintenance or perhaps I could get a new order. I hope someone can help as I am struggling to understand what best to do

  • MrsMathsisfun
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21 May 13 #394352 by MrsMathsisfun
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Welcome to wiki. I would think your best option is for your daughter to apply for maintenance from her father in her own right.

This payment however will depend upon need and ability to pay rather than a set rate like cm is.

  • Gillian48
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21 May 13 #394373 by Gillian48
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Sounds like your daughter maybe needs to apply for maintenance from her father in her own right - just like my child was told to - however rather costly for my child and the time factor was an issue. I don''t have any funds to help so unfortunately Uni plans have had to be shelved. Good Luck - hope you get sorted.

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