Can I vary a Court Order

I am a divorced man (2007).

I am currently paying £1200 a month to my ex for the child maintenance support of 3 our children (aged 14, 17 and 19). The Court Order stipulates that I am to pay to the end of tertiary education i.e. it currently captures the fact that my eldest son (19) will not finish his university degree until he is 22. I also have to provide periodic payslips and my P60 each year "within 21 days of receipt" to my ex. I have never waivered from my obligations to date.

The issue I have is that my son does not live with my ex. He is resident at University but of course does return during holidays. He has approached me for funds - which is when I discovered that my ex is only paying him £180 a month (she generously increased it from £160 last month). For this he has to pay for food, accommodation, clothing, books, etc.

The Court order is broadly in line with CSA guidelines, i.e. 15% for one child, 20% for 2 and 25% for 3. My son took a gap year last year and started University in September '08 at which time my monthly payments increased by £250 (i.e. it went up from 20% to 25%). The Court Order makes no reference to residence at all. I presume even though he resides at University, it is presumed he lives with my ex in the eyes of the Court Order?

I have absolutely no issue whatsoever in providing financial assistance to my son but I want to contribute to him directly not through my ex - who incidentally channels every form of communication through her ever so "helpful" solicitor. My son has also stated ( to me) that he would rather I contribute directly to him.

Incidentally, my ex has a very well paid job herself and ended up with the family home, contents, etc.

I feel I have to do something sooner rather than later because there is a strong possibility that my other two children will also go onto University and I could find myself paying a minimum 15% of my income to my ex for the next 7 years when my youngest attends - even though she will not be living at home.

The amusing thing is that the Court Order also states that we will both provide reasonable financial assistance if our children go onto further education. Presumably that's on top of what I already pay my ex! My ex is implying that she is providing financial assistance - even though it she is clearly benefitting - not providing.

Am I able to go back to Court to get this order varied? I do not want to go through another a solicitor due to cost and based on the advice I originally received that got me into this mess I feel I can do a better job!

I am not seeking to benefit financially. I just want to vary the order so that I pay the children directly should they go to University and reside there.

Thoughts please.

Thanks

I think unless there has been a change in circumstances an application to vary is unlikely to succeed. In the case Vaughan v Vaughan it was considered reasonable for the wife to buy a house which during their gap and university years the children might use as a base even if they were unlikely to live there full-time.

As I said the issue is that my son is suffering financial hardship when he shouldn't be. The Child Maintenance payments are designed to help to maintain the children NOT my ex. Notwithstanding what the wording of the Order says, the underlying payments are child maintenace not spousal.

Hi Fiona - I don't understand why can't peterh go to the CSA ?

Am I missing something ?

poppy

Hi Fiona - I don't understand why can't peterh go to the CSA ?

Because the "child" is 19 and in advanced education.


Orders under Matrimonial Causes Act 1973 are usually in favour of a parent for the benefit of the child.If you are paying £250 a month and your son gets £180 that leaves a contribution of £70 towards providing a base, food, heating, toiletries, possibly transport, wear and tear, phone calls etc etc when your son is at home.

I think you will have difficulty in persuading the court to make the order in favour of your son and even if you represent yourself risk being ordered to pay the other sides costs. You could expect to pay anything from between £3k -£6k for the sake of £70/m for three years.

Hi Poppy
The CSA were never involved in the first place. This all got very messy. My Ex put everything through her solicitor and at the end of it I simply "caved in" and signed.
Having time to reflect and having my at least kept the respect of my kids intact (thank god) I am now having to listen to my children tell me about how Mum complains about "having no money" when I know full well it's simply not true.
I do realise however that there are FAR FAR worse cases than mine - infact I now feel ashamed for bring up the issue

Oh if only that were true.

There is no ­base­, food, heating, toiletries, possibly transport, wear and tear, phone calls etc etc.

He pays his own car insurance, mobile phone calls, transport home.

As I said it's not just about my son, it's my other children too.