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University

  • shellshock
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26 Nov 10 #237082 by shellshock
Topic started by shellshock
My FDR is looming and I would really appreciate some help here. My stbx has a son from his first marriage. The son is now 18 and started University last Sept. My stbx is now paying £800 per month maintenance (paid £450 previously)through the CSA and also paying his son's education/Uni fees which are high because he doesn't want him to have a large bill when he comes out of Uni. What is the general rule regarding over 18's and maintenance. What could I be presenting at the FDR regarding these payments being part of his outgoings. He's also just bought his son a car when he passed his test for £12,000.
Thanks for your help here.

  • TBagpuss
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01 Dec 10 #237922 by TBagpuss
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It's one of the things which is in the discretion of the judge.

I think a Judge is likely to see it as reasonable that he is providing support for his son at university, as although he is not a child, he is still dependent.

Whether it is reasonable for him to pay £800 rather than £450, and how reasonable spending £12,000 on a car, are will depend on what the over all financial position is - i.e. how reasonable are these payments in the context of your over all finances?
Do yuou and he have dependent children? A curt may feel it is more fair to secure the needs of young children as the priority. However, I doubth that they will ignore the older son altogether - there is case law which basicially says a 2nd wife 'takes' her husband subject to his pre-existing responsibilities to his first family, and although the case law tends to be about spousal maintenance I think that some of the same arguments apply here.

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