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Son had packed in Uni now wants to return.

Shiver Metimbers
Posted by
Premium Member

20 Jun 13 #397924 by Shiver Metimbers

Topic started by Shiver Metimbers

My Oldest, now 23 flumped Uni last October because he felt he was struggling. At this time I ceased Maintenance payments to his Mother. He has now decided to go back to Uni and pick up where he left off in September.

I have a court order that reads:

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.

My question, do I have to start paying the maintenance payments again once he returns to Uni?

happe
Platinum Member

20 Jun 13 #397955 by happe

Reply from happe

No. At 23 he is an adult and therefore has to fund his own choices in life. You could decide to give him some money direct to help him along if you choose but I''d be telling him to get a job.

Shiver Metimbers
Posted by
Premium Member

20 Jun 13 #397956 by Shiver Metimbers

Reply from Shiver Metimbers

Yes, but would the judge accept that?

happe
Platinum Member

20 Jun 13 #397959 by happe

Reply from happe

I cant imagine any judge ordering you to support a 23 year year old who has already left education. I know he plans to return but what if he kept doing this? would you still expect to pay maintenance for him if he wanted to a be a student into his 30s? No your obligation is over now.

Shezi
Moderator

20 Jun 13 #397972 by Shezi

Reply from Shezi

I agree with Happe - at 23, it''s his own choice what to do with his life and may need to fund his own choices. I doubt the court will order you to resume payments - I would sit down with him and work out support that is viable for you.

Shezi

Child Maintenance Options
Moderator

25 Jun 13 #398662 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Shivermetimbers

I am William the child maintenance Options consultant. I understand that your son left university and has now decide to go back into education and you would like to know if you need to start making any payments.

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. Before 10 December 2012, the upper age limit was 19.

Education must be full-time (more than an average of 12 hours’ supervised study a week during term time) and ‘non-advanced’. This includes:

GCSEs
A levels
iGCSEs
Pre-U
International Baccalaureate
NVQ/SVQ level 1, 2 or 3
BTEC National Diploma, National Certificate and First Diploma
SCE higher grade or similar
It doesn’t include ‘advanced’ education, eg:

a degree
Diploma of Higher Education
NVQ level 4 or above
BTEC Higher National Certificate (HNC)
Teacher training

You can find further information on the above online at www.gov.uk/child-maintenance.

With your court order you may wish to speak to the solicitor who originally started the proceedings or you may wish to look at the following link: www.gov.uk/find-a-legal-adviser to see if they can help you further.

Alternatively, if you prefer a confidential chat with one of our agents, you can call us on our freephone number 0800 988 0988. We are open Monday to Friday 8am to 8pm and Saturday 9am to 4pm.

I hope this helps.

William

Shiver Metimbers
Posted by
Premium Member

17 Oct 13 #410557 by Shiver Metimbers

Reply from Shiver Metimbers

Well my Son has gone back to Uni and her letter has arrived, my ex is demanding payment or else it will go back to court and she will be asking for an adjustment for the cost of living.

Back to square one, what now?

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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