Expired Consent Order?

Hello. I'm a newbie, but would greatly appreciate any advice anyone can give - many thanks!

Under a Consent Order I agreed to pay monthly sums to my ex-wife “until the Respondent shall remarry” and to our child “until he shall attain the age of 18 years or cease full time secondary education if later”.

My ex subsequently remarried, so I stopped paying her. My son reached 18 earlier this year and finished A levels last month. I have therefore stopped paying anything under the Consent Order as, as far as I can see, it has now expired.

But I am paying money direct to my son to cover him up until university, and have put forward university funding proposals that would make my son completely financially independent year-round.

My ex, however, has now divorced her new husband and has less money than she had previously. She is therefore now taking me to Court on the basis that she needs a home for our son and that she can't (she says) afford a suitable one without help from me. Her contention is that, even if my son is fully-funded year-round, she should have a regular income from me towards her own home, so that he can stay there if he wants.

Setting aside the morality, or otherwise, of what my ex wants, does she have a case legally? Or will the Court throw it out at an early stage?

Hi Whisperer,

Oooooh this is one I don't know the answer to but am very interested from the wiser wiki's to find out.

Common sense would state that your divorce and her subsequent re-marriage means she is no longer your responsibility and it is her ex husband who should ensure she is supported financially.

As your son is over 18 and no longer a dependent, I don't see how 'legally' you have to home her to enable him to have a home to go to when not at Uni.

When your son is not at Uni could he stay with you?

Is he likely to stay for long periods of time with his Mum or just visit?

Does his current housing situation mean there are periods of time when he is technically not 'housed', is he required to vacate digs etc. out of term time?

My opinion (as I say I don't legally have a clue ) is that as long as you take care of your Son's housing situation (because he's your Son, not that you are legally required to) that you no longer need to provide her with housing on his behalf (just incase he wants to stay now and again) ........ technically the law does not see him as a dependent, she doesn't receive any benefits (TC/CB etc) as he is now an adult - why should you provide her with SM??!!

I suspect she's clutching at straws because she got such a bad deal from her last divorce.

I await the official legal response ......

Take care

WR

Thanks WR!

In fact the funding I've proposed for my son will give him enough to live independently all year round.

He can choose to rent accommodation all year round, or extend his university accommodation to cover the holidays as well. And/or he could choose stay with other people, including his mother, and pay his way while he is there. My view is that he is now an adult, and can make his own choices - with my financial and emotional support of course.

I hope you're right about the straws - but you never know with the law!

Thanks again,

W.

As an adult your son could take you to court for support if he can prove it would be reasonable for you to support him. Unless you are mega rich or he can prove an expectation it is highly unlikely to succeed

His mother cannot apply to the court on his behalf.

She isn't legally obliged to provide a home for him and certainly can't expect you to financially support her in order for her to do so.

If you want to support your son through uni that is great but it is voluntary.

SM terminated when she remarried and although dependent children of the family are a priority over 18s in education aren't irrelevant to divorce settlements. The courts don't consider it unreasonable for young students to be provided with a base whilst they are at uni even if they don't live there full time. "Children of the family" isn't just natural children of the marriage, it means any child that lived with the divorcing couple as family.

child maintenance is a different matter. The first port of call for CM is you, the natural father, and it's open to your ex to apply to court to extend the existing order for CM. Child maintenance orders are usually made to a parent with the majority of care for the benefit of the "child . " It isn't deemed unreasonable for the parent with the majority of care to be supported in providing a base for a student whilst studying a first degree.

I would suggest negotiation/mediation /compromise as a way forward. There is no guarantee of the outcome and it really isn't in anyone's interest to go to court, the costs involved often outweigh any potential gain/loss.

This is indeed an interesting thread to me personally. STBX left me and daughter fresh out of Uni 18 months ago. Daughter lives with me and has just completed a six month 'privately funded' post grad course in her chosen field.
STBX has stopped payments to me, sends nothing at all to our daughter even as I house her.
Legally I don't think your ex has any claim for SM from you.
Good to see you are taking responsibility for your son unlike my Ex.

Thanks all.

Fiona - I'm particularly interested in what you say about extending the order. Elsewhere I have read that, once an order has expired, it cannot be extended. And, as full time secondary education has now finished, I understood that the order has, indeed, expired. Is that not the case?

I also agree with the value of discussion, mediation etc - but that's something my ex is not interested in doing. She is just stonewalling me with, "I am going to take you to Court."

And again I would stress that I am providing our son with the finance to have a base for himself - I'd just prefer not also to have to subsidise his mother, having reached the end of the consent order.

Again, thanks everyone for your thoughts.

W.