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Minute of Agreement- Child Aliment for 19yr old?

  • equamity
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13 Dec 11 #302019 by equamity
Topic started by equamity
I entered into a MOA-Scotland for child aliment in June 2003 when my daughter was coming up for 11yrs old.

I had agreed on a monthly figure lifted in line with RPI pa until she reached the age of 18 or upto the age of 25 if in further education or training programmme etc....and if still residing with her mother.

My daughter, who lived with her mother left home when she was 17yrs old to start a law degree and entered student accomodation until April this year when she then entered into a private lease with another student. From the point she left home, I have directly supported her financially covering in the main her accomodation/rental costs and a little additional cash as she also had a good paying flexible hours part-time job outside of university.

I moved from Scotland at the start of this year to England due to a reluctant job relocation. As she now misses the Glasgow social life, my daughter has just told me that she is looking to move back into her mums August next year when she will be 19yrs (20yrs in December)with a university transfer closer to home.

I really want to continue supporting my daughter directly when she does move back for two reasons:

Firstly, due to a considerable drop in my income, my ex-wife would not agree to a reduction of the monthly aliment which at the time my daughter was 17 was around £500+ per month. I could not (and still can't) afford to go through a lawyer at the time to amend and my wife knew that. I also learned at the time my ex-wife was telling my daughter that I only paid her a 'pittance' and if my daughter wanted anything extra like clothes etc.. then she had to come to see me.

Secondly, my daughter would like me to continue paying her any support directly if needed but she knows she only needs to ask me and I'm there for her. However, she is aware of the difficulties of the original agreement and does not trust her mum to try and re-instate the payments back to her once my daughter moves back in via an enforcement order which she has done before.

what are my/or my daughter's options?

ie As she is over 18yrs old can she apply for her own aliment order to cancel out the original one between her mother and I?

any advice would be very welcomed before she moves back.

thank you in advance.

  • Fiona
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13 Dec 11 #302021 by Fiona
Reply from Fiona
She could certainly seek advice from a solicitor and would be entitled to legal aid in her own right which she wouldn't need to pay back. Not sure that the existing order can be revoked that way but perhaps a solicitor could negotiate agreement with Mum. It can be very destructive for children to start court proceedings involving their parents. :(

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