Son had packed in Uni now wants to return.

Shiver Metimbers wrote:

She is now saying that her Solicitor is making an application to the court to have the money taken from my pay. How does that work then, surely I would have a chance to defend myself against this?

Your ex wife and her solicitors have a lot to say for themselves don''t they! If and it is a big if, they do you can reply that you are waiting for legal clarification of the order and you are willing to come to an arrangement with your son himself.

Completely agree that you need closure on this matter but I seriously doubt if a court will want to make further orders for a 23 yr old. I''m assuming he''s still living with mum?

I''m also assuming you''ve discussed with your son since you first posted this in June, was there any outcome between the two of you for further support of his education?

Personally, I think it is a mistake to pursue this with your ex, it really isn''t her business anymore - her end of this is what support she offers him (including accommodation) - but he''s an adult now and what additional support he receives is between him and the other supporter (you, in this case). Not sure where she thinks she''s going with threatened legal action.

Call me naìve, but I just cannot imagine a judge ordering you to pay for university including deferment, gap years, whatever else a 23 yr old might want to do!

Shezi

I agree Shivers, the wording of these orders sometimes leaves a lot to be desired.

As I understand it the mother isn''t seeking a new order, rather she is trying to enforce/vary the existing order, so hopeful your solicitor can clarify whether or not in their opinion the court has any jurisdiction.

Another post I have submitted regarding my Daughter who is the second child on the order, one of the replies I got was: Some time ago I could have asked for a CSA assessment rather than stick to the Court Order, what does this mean? If this is correct then it applies to my Son too?

Personally I love paying the ex harridan the tax free holiday payments sorry I meant child maintenance "alll in the best interests of the children", but then I''m also a sado massochist who likes having his nipples twisted with barb wire.
All the best
HIS PERVY ROYAL HAWAYNESS xx

Perhaps the person who gave you that advice didn''t know that the order was made in 2002 or that orders made before March 2003 prevent an application being made to the CSA.

It doesn''t apply in your case, but with consent orders made on or after the 3 March 2003 either party may apply to the CSA if a child qualifies (eg under 20 years of age) for an assessment after 12 months. Then the Consent Order ceases to have any effect with regard to child maintenance.

Thanks Fiona.