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Breach of consent order/child support

  • Johnmw6
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08 May 10 #203006 by Johnmw6
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Hello,
I need help! I got divorced 3yrs ago. I got a Clean Break. I signed a Consent Order where I agreed to support my son until he finishes Uni. According to the order I have to deposit the money in my exs bank account. I have done this without fail thinking that my son was being looked after. Surpeisingly I have found out that in the last year she has not given him any money apart from a few pounds when he's being visiting during his break. I am very angry and I don't know what to do. Is this considered a breach of the consent order? What can I do to ensure that my son gets what legally belongs to him?
Thank you.
PS: by the way my son doesn't live with his mum, he lives at Uni

  • sillywoman
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08 May 10 #203007 by sillywoman
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Maybe the money is to keep a roof over your son's head when he is not at university, i.e. in the holidays?

  • Fiona
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08 May 10 #203008 by Fiona
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You could apply to court to vary the order so that the payment is made directly to your son. However, the court may take the view that even though your son is away at uni your ex is still providing him with a base throughout his studies and the legal fees or the risk of being ordered to pay the other sides costs if you are unsuccessful perhaps make this not cost effective.

I wonder how you found out your son wasn't benefiting from the maintenance. Our son once told my ex I wasn't contributing anything when in reality I was making contributions in kind - providing a base, a car, car tax, garage bills, insurance, computer, food parcels, toiletries, clothes, beer money etc etc :S

  • Ursa Major
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08 May 10 #203009 by Ursa Major
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With my daughter we kept the cash flow pretty tight, and allowed her to think she would be responsible for her own student debt. That way she learned to budget and live (almost) within her means but didn't actually go without.

Had she been allowed to think that Bank of mum and Dad had a permanently open vein for her to draw on then her spending would have been a lot more excessive than it was.

We have been saving money for her throughout which will be used to pay off her student debt, fund her masters degree or put a deposit on a house depending on what seems the best financial option once she gets her results.

Your ex is clearly maintaining a home for the lad to come home to in the holidays, he hasn't starved nor has he left uni because he couldn't afford to stay. What was your agreement with your ex that the money was for? Or did you have an expectation of what it was for that maybe she was not privy to? What is the exact wording on the order?

Mull this one over with us before you get embroiled in an expensive and contentious court case.

As Fiona says check your facts too. My partners stbx tells everyone (and anyone) that he is a right B*****d who gives her no money for her or kids. He doesn't give her cash (her previous CCJs and IVAs are probably a clue why) but he pays all the mortgage, gas, electricity, water and sewerage bills , plus taken on the majority of the marital debt. He pays 75% of his income to support his family but because she doesn't get the cash in her hand she can state he gives her no money!

  • Johnmw6
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08 May 10 #203012 by Johnmw6
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Thank you for your reply. Here are further details.
- with the clean break my ex got a lump sum that allowed her to buy a house mortgage free.
-My son in the last yr has only stayed with her 2 weeks in Dec and 2 weeks for the easter break. Since his Uni is a long way away.
- Before he started Uni, my ex stated in one of her emails that his maintnance money was solely for him.
- The order says that I have to pay £x montly for the benefit of my son into her bank account #xxx until he reaches 18 or finishes tertiary education (whichever the latter).
- I am not saying that she should not keep a part of the total amount but it doesnt seem fair that my son doesn't get any money.
-My son is a very responsible. He is a top student, he has a loan and he has been looking for a part time job. I found out that he wasn't getting anything because we were discussing his financial situation since he is planning to move on his own.

It seems to be that it would be hard to prove this in court. However HOW CAN I ENSURE THAT HE GETS SOME OF HIS MONEY???

  • catty79
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16 May 10 #204145 by catty79
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I was just wondering who pays for your sons rent while at uni?

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