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Consent order Child Maintenance

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Shiver Metimbers
Posted by
Premium Member

28 Nov 12 #368305 by Shiver Metimbers

Topic started by Shiver Metimbers

My Consent Order reads that I have to pay my Ex, child maintenance until the kids are finished further education, the consent order is from 2001.

I have just received a letter this morning from my Ex saying my eldest has spoken with his Tutor and requested that he defer his current course for this year and will resume this course beginning of September 2013. My eldest is 21 years old and was in his final year at Uni.

My question is, do I defer the payments and resume next year or do I have to continue paying?

Many thanks in advance.

LittleMrMike
Platinum Member

29 Nov 12 #368558 by LittleMrMike

Reply from LittleMrMike

Unfortunately, we would want to see the order.

I have seen on wiki a number of orders where the drafting left a lot to be desired.

In particular we come across orders which oblige the parents to carry on paying until the end of tertiary education, and the wording was wide enough to include postgraduate degrees. But for all but the mega rich there has to be a line drawn somewhere. You can in theory remain a student all your life.

I think most people would agree that support for tertiary education should end with the first degree. But your obligations depend on the order.

If you can give me exact wording of the order ( I don''t need names or other personal information ) I will give you an opinion, but you might not like it.

LMM

Shiver Metimbers
Posted by
Premium Member

13 Dec 12 #370314 by Shiver Metimbers

Reply from Shiver Metimbers

Thanks for the reply, sorry for taking so long to reply.

This is the order:

As from the 1st day of June 2002 the Respondent do pay the Petitioner for the benefit of the children of the family (child one dob etc. and child two dob etc) at the rate of £250 per child, per calendar month, payable in advance until each respective child attains the age of 17 years or ceased full time education for a trade, training or profession.

LittleMrMike
Platinum Member

14 Dec 12 #370390 by LittleMrMike

Reply from LittleMrMike

Oh dear, I suspected you might not like this and I am not likely to be disappointed.
I would have added the words " whichever shall be the later " at the end, which I think is probably implicit.
There are two things about the wording that I don''t like.
(a) When a child is under age it makes sense for the maintenance to be paid to the mother. But after that ? Should it be paid direct ?
We sometimes get complaints in situations like this that the mother is not passing on the full maintenance.
(b) more seriously, I always recommend to parents that they should be very clear in their own mind as to how long they intend to support their child through uni. I think most people would say it would be reasonable to offer support till the end of the first degree. But what about gap years ? What about postgraduate degrees ?
I was 25 before I started earning any '' wages '' that were not really expenses by any other name. I suppose they''d have called me an intern nowadays.
So what is your son going to be doing if he suspends his course ? Is it expected of you that you would continue supporting your child if he want to travel to broaden the mind ?
These are some of the thoughts that cross my mind and I''d be interested in your reaction.
LMM

Shiver Metimbers
Posted by
Premium Member

14 Dec 12 #370391 by Shiver Metimbers

Reply from Shiver Metimbers

The letter I received from my Ex says my Son has spoken with his Tutor and requested that he defer his current course for this year and will resume this course beginning of September 2013. Do I defer his payments or do I have to continue paying?

My Son has now told me he has deferred his course until next year.

At this rate he could go back to Uni in 10 years time and I would have to keep up the payments?

Child Maintenance Options
Moderator

19 Dec 12 #370973 by Child Maintenance Options

Reply from Child Maintenance Options

Hello,

Thanks for your post. I''m Sarah the Child Maintenance Options Consultant. Once an agreement has been converted into a Consent Order then the paying parent is legally liable to pay the amount the court has endorsed. However, the court does not monitor or collect payments so the receiving parent will have to monitor payments and get legal advice around non-payment unless they are happy to accept reduced fees.

A consent order can be adjusted but to do this either parent will need to get further legal advice. I would suggest that you contact a solicitor to clarify what was written into your agreement.

Having said all this, if you and your ex-partner can reach an agreement between yourselves, then you can decide between you if you will defer your payments. This is called a family-based arrangement. Although this kind of arrangement isn''t legally binding many separated parents find that it''s the easiest and most flexible way to sort out child maintenance. It also allows you to change your agreement as your children get older or your circumstances change. If you want to go down this route, then you would both need to contact the court where your Consent Order was drawn up and ask them to nullify it.

We have a web application that you may find useful, it offers help and support to separating families. The link is: www.cmoptions.org/en/sortingoutseparation/index.asp

For more information about family-based arrangements and access to useful tools and forms online you can visit www.cmoptions.org, or if you''d prefer a confidential chat you could call the Child Maintenance Options team on 0800 988 0988 (free from a landline).

Shiver Metimbers
Posted by
Premium Member

20 Jun 13 #397899 by Shiver Metimbers

Reply from Shiver Metimbers

My Son is in America at the moment and I have stopped paying the maintenance which my ex has expected me to do. She also expects that I commence the payments once he starts Uni again in September. Do I have a legal obligation to commence these payments once he goes back to Uni?

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