money not passed to children at Uni

I have just discovered that the child support money I agreed to pay in the Consent Order is not being passed, by my ex wife, to my children at university, but she is keeping for herself.

This is apparently justified by the fact she is deliberately keeping her salary below £25,000, so they qualify for the maximum Maintenance Grant of £3250.

I have mixed feelings about this and am wondering if I can get the consent order changed so the money goes directly from me to my children at Uni.

Also I''m a bit surprised the money I pay is not included in the "household income" figure, used to calculate eligability for the Maintenance Grant. Should it be?

If I try to change the consent order, do I have any chance of success?

Thanks

Hi ostragoth,

Welcome to wiki,

The only way to change the terms of a consent order is to apply to the court where the order was sealed by way of Form A.

Variation is expensive and can be drawn out, it follows the format of a full financial hearing with both of you completing form E anew.

It is also risky so not for the faint hearted, the court has a number of options when varying an order, it can stay the same, be decreased, be increased. It is usually periodical payments (spouse maintenance) that becomes the subject of variation not child maintenance.

Do you pay CSA assessed child maintenance? is your consent order over 12 months old? and how old are your children?

Answers to the above may mean you could go down a different route.

Best wishes,

NWTT.

Hi NWTT,

Thanks for your reply. My children are 21, 20 and 18. The maintenance is not CSA assessed, but the CSA calculator was used as to determine the figures. The consent order dates from May 2010.

Thanks again

Ostragoth

For student finance purposes the parent with whom the child normally lives is required only to disclose their earned income and unearned income (from savings and investments).

Child maintenance is also a periodic payments order usually paid to the parent for the benefit of a child to help with the costs of raising a child. That can include costs of providing a base for a student even if they don''t live there full time and benefits in kind such as food, toiletries, beer money, mobile phones, computers, books, contributions towards accommodation etc etc instead of money.

The CSA/Child Maintenance Service has no jurisdiction over child maintenance when a child reaches 18 and is in higher education. When the CSA/CMS has no authority the courts can make an order for CM or a variation and order it is paid directly to a student, but the costs involved often make an application not worthwhile. If an application is made the court will consider both parents and the student''s financial afresh and may increase the amount paid.

However it wouldn''t be in your ex''s interest for the matter to go to court because the amount might be decreased and that might give you some scope to negotiate paying your daughter directly. IF agreement can be reached a solicitor can document in the form of a deed so there is evidence that would carry considerable weight in court later if there are problems.

If the consent order was written in 2010 then the CM part was only valid for a 13 months then either of you could have gone to CSA for reassessment.

I would check your consent order and make sure that it makes it clear that its child maintenance rather than spousal maintenance. If its child maintenance then stop paying her directly and start paying your child.

If it was spousal maintenance then you will have to continue to pay it until the end of the term if it was limited or go for a variation which is expensive.

From the other side of the coin, outgoings do not decrease when a child goes to university, as a mum, I worried about what my daughter could afford, what she was eating.

I did not get CM (agreed as dad gave something directly) but they come home often (welcomed and always a pleasure) eat like horses (again a mums joy) and need a base so basic costs of running a home do not go down.

As a mum, she never returned to uni without sacks of food, its what most mum''s do, I batched cooked all her favorites for her freezer. We also like to give them/help out with things they need. The maintenance grant from student finance covers very little.

I am lucky, my daughter neither drinks nor smokes but.......

I have a friend, known as a couple prior to his wife dying, he has been giving his child an allowance equal to CM and has now found that rather than eating, its been spent on party time (vodka shots). He is now extremely ill.

If you can talk to your ex, could I suggest that you discuss the situation between you and come to a compromise that you give a percentage to both rather than just your children.

I do not know your full circumstances so am maybe out of line, just remember that children can sometimes say things that they think we want to hear and manipulate the truth if they think there is a gain. I am not being critical about your children, just a mum who has been there.

Hope you can sort this out between you,

Best wishes for you all,

NWTT.

NWTT. Whilst I agree that some of mum outgoing won''t change. Some do. eg food / clothing and electricity (due to less washing! )

When my son was at uni my food bill halved I saved this to cover additional costs during holidays. The father here is prepared to support his children at uni just not support mum. Don''t think trays unfair.

Maybe a compromise would be pay children directly during term time and to mum during holidays.