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Re Child maintenance via Court Order

  • john1962
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13 Jan 13 #374176 by john1962
Topic started by john1962
Can anyone help please. My court order from 2000 reads:

''As from 12 February 2000 the respondent do pay or cause to be paid by standing order periodical payments to the Petitioner for the benefit of each of the two children of the family, the said (child one) and (child two)
until they shall respectively attain the age of 18 years or cease full time tertiary education, whichever shall be the later or further order at the rate of xxxx amount per month payable monthly in advance.

My daughter finished education at the end of her A levels, entered full time employment where she remained for two years, then decided to go to University. My son went to University straight after his A levels. I understand that the definition of ''tertiary'' means University.

However, seeing as my daughter stopped study for two years and bearing in mind the wording of the court order above, am I still liable to pay for her as well?

Thankyou

  • spooky
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13 Jan 13 #374177 by spooky
Reply from spooky
I had a similar court order to include tertiary education.

My first daughter had a gap year and her Father was not obliged to pay maintenance.

She the went to Uni and he started paying again.

I suppose your situation is much the same.

I presume that you want to support your daughter? My x paid my daughter directly on a monthly basis.

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13 Jan 13 #374182 by john1962
Reply from john1962
Hi,
Thanks for your reply
My daughter has been in University this past 15 months.
I have personally supported her financially during this time.
I also support my son.
My ex wife has recently contacted me because she did not realise that ''tertiary'' meant University''. (Nor did I).
Therefore I have to pay 15 months back payment for my son, which I have no problem with despite having supported him during this time ans she wants the same for my daughter.
I just want to find out if I am legally bound to pay for my daughter as well seeing as she had two years working full time before she decided upon university.
Thanks

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13 Jan 13 #374184 by spooky
Reply from spooky
Have you any proof that you have given your son and daughter financial support or equivalent over the last 15months?

It would seem that you and your ex wife were both at fault here so I guess you cannot shoulder all the blame.

I''m not sure where you stand legally but whatever happens, in my opinion, the arrears should go to your children.

I would try and negotiate with your x if you can. Do you see your kids regularly?

What has there Mother contributed since they went to Uni?

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13 Jan 13 #374185 by john1962
Reply from john1962
Hi,
again, thanks.
I have no issue paying the money for my son, which is £250 per month.
I would also support my daughter. However, as I have retired and re-married, I really cannot afford £250 each, which is why I am trying to ascertain if I am legally bound to pay for my daughter as she had two years full time work.
Of course I would continue to support all I could but £250 for her as well would break me.
re proof that I have supported them, yes as mostly I have transferred money via online banking and cash when i''ve seen them.
My ex wife and I are not at issue as to who is to blame.
I suppose my question is still this::::
under the circumstances above, am I legally bound to pay for my daughter?
Thanks

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13 Jan 13 #374187 by spooky
Reply from spooky
I''m sorry that I cannot give you a definitive answer.

You may need some legal advice or ring the wiki helpline.

Does your x wife or daughter intend on taking this any further?

  • jslgb
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13 Jan 13 #374188 by jslgb
Reply from jslgb
Cant shed any light on the situation but it seems a bit silly for you to be expected to pay maintenance for your daughter after she had 2 years of full time employment. I left college at 16 and returned to education at 23. Under the terms of your court order would my parents have to pay for me? What if i returned to uni at 35? Or 50?

I would assume its for seamless education as opposed to disjointed!

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