The UK's largest and most visited divorce site.
Modern, convenient and affordable services.
We've helped over 1 million people since 2007.

Click this button for details of our

email, phone nbr and free consultations.

How To Contact Us

Maintenance

Start
Prev
1
Next
End

attie16
Posted by
New Member

24 Aug 13 #405448 by attie16

Topic started by attie16

I need some advice I have been divorced for 13 years and have two children 18 and 16. In my Consent Order my ex husband said he would pay maintenance until the children reached 17 years old or finished their secondary education(whichever is the latest). My eldest child''s maintenance stopped on his 17th birthday although he then went on to further education in college until he was 18 years and 3 months. My daughter is 16 years old and has left school but starts college in September for two years finishing when she is 18 years and 6 moths.
She will be 17 in February 2014 and maintenance from my ex will cease then.
Can you please tell me whether I can continue to claim maintenance from my ex, even though the consent order states he only is going to pay until they are 17. Obviously I can not claim for my son now as the time has passed. If I can how would I go about it- would this be something that is done through the CSA ? And if so would I be successful knowing that there was the consent order.
Many thanks for any help you can give

MrsMathsisfun
Platinum Member

24 Aug 13 #405452 by MrsMathsisfun

Reply from MrsMathsisfun

Was your consent order written before 2003?

With consent orders written before this date you will need to apply to court for enforcement.

attie16
Posted by
New Member

24 Aug 13 #405472 by attie16

Reply from attie16

Yes my consent order was written before 2003. It stated at the time he would pay until they were 17 years old. Both my children will/have continue full time education past this age. I therefore need to know whether I can apply for home to continue to ap for at least my daughter whilst she is in full time education.

Child Maintenance Options
Moderator

30 Aug 13 #405904 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Attie16

Thank you for your recent post. I am Sarah, the child maintenance Options consultant.

You have said that you have a Consent Order in place and in another post you have confirmed that this post was set up pre 2003. If a Consent Order dates back to before April 2003, then the law does not allow parents to change over to the Child Support Agency (CSA). Only the courts have the ability to arrange child maintenance in such circumstances.

You will need to go back to court and liaise with the solicitor that started the initial proceedings. Alternatively, Gov.uk has a service which may help you to find a legal advisor or solicitor in your area. You can find this at www.gov.uk/find-a-legal-adviser.

We have a sorting out separation web-app that you may find useful, it offers help and support to separated families. You can find this at: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

To find out more about how Child Maintenance Options can help you, you can visit our website at www.cmoptions.org. If you would prefer a friendly and confidential chat, please call our team on 0800 988 0988. Lines are open from 8am to 8pm Monday to Friday and 9am to 4pm Saturdays.

I hope this helps.

Sarah

Start
Prev
1
Next
End

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.