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Termination of CM

  • panda32
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17 Feb 11 #252488 by panda32
Topic started by panda32
Is it typical for a judge to award CM through university or does it normally stop at the end of secondary education? It seems my stbx is going to accept my offer but the sticking point may be paying CM through university (have yet to get the 'official' response). At the very least this will cost me an additional 25k. I'm trying to ascertain whether I stick to my guns and refuse with the potential it goes to court (my sol said this would cost me 12k to go through to FH) or concede. Let me say I am more than happy, at the time my kids go to uni, to sit down with them and offer some level of support but I'm not inclined to pay their mother directly.

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17 Feb 11 #252506 by ditchedagain11
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Hi,

i remember a previous post about this and im certain the age you can stop paying CM is when they reach 19. That is the age when you dont have to pay your ex anyway. With the cost of universities these days i reckon most students will turn to their parents for financial help..

Regards
DA

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17 Feb 11 #252516 by sexysadie
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How about offering a compromise - that you will continue to pay the relevant amount per child but pay it to the children directly once they start university. I for one, as a PWC, would be happy to have that written into a Consent Order, and I bet it's possible.

best wishes,
Sadie

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18 Feb 11 #252596 by panda32
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Thanks for your responses. I don't particularly want anything regarding Uni in the consent order as circumstances can change and it's a lot easier for all if when Uni comes about I can afford to pay I do and if I can't I don't as opposed to having to go to court to revisit the matter.

I feel as though I've compromised enough thus far but wanted a reading as far as what a judge is likely to rule to determine if I should stand my ground or back down. No sense in taking it to court to fight on this one term if it's likely I'll have to pay it anyway.

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18 Feb 11 #252603 by sexysadie
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I hope a proper legal person will come on soon and give you a more informed opinion. However, I suggested the compromise because I believe that it is not unusual to have CM payable to the end of the first degree at least. Several people here are still paying CM to ex-spouses with respect to children at university. Most if not all would prefer to pay the child directly, but if they do that they risk having to pay the parent as well.

So in my view it would be better for you to have a consent order that says you will pay to the end of university, but pay the child directly at that point. If your cirucmstances change so much that you can't pay then you can always go back to court for a reassessment. Twelve thousand pounds is an awful lot to spend to get out of having to pay money that you will probably end up paying (either voluntarily or by court order) anyway.

Best wishes,
Sadie

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18 Feb 11 #252614 by panda32
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Thanks again. Perhaps a better solution is to offer to pay through Uni as you suggested, directly to the child. I would be curious for the opinion of one of the resident legal persons on here. Unfortunately for my stbx if I pay through Uni I will then not agree to her request to label the spousal maintenance agreed as child maintenance so she can circumvent the benefits system and get around cohabiting.

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