money not passed to children at Uni

MrsMathsisfun wrote;

If its child maintenance then stop paying her directly and start paying your child.

When the terms of an order stipulate periodic payments are to be made for the benefit of a child until the end of university or 1st degree the order is binding and enforceable. Only when the child is in non advanced education and under the age of 20 can an application be made to the CSA/CMS so that the order ceases to have any effect.

Fiona does that matter if the Consent Order is over a year old? Only asking as expecting X to stop paying now son has gone (previous post sated amount, don''t mind if it goes to son direct but don''t want it to stop altogether). So if it did stop, could ''I'' take it back to court?

I would quite like it to be direct to son, not asking for changes mind (communication = nil) & i just pass it straight on.

Thanks JJx

Op I would suggest paying it direct, for the ease of all & see what comes of it.

JJx

What are the exact terms of the order fairylandtime?

IT doesn''t matter if the order is a year old. Unless a CSA/CMS assessment has been made a court order for child maintenance remains in effect for the term stated in the order. Once a child reaches 18 and is no longer in "non advanced education" the CSA/CMS has no jurisdiction and cannot make an assessment so the order remains in effect and is enforceable.

Sometimes there are problems because the court order is ambiguous and states child maintenance ceases at the end of education. Unless it specifies tertiary/higher education a judge may interpret that CM ends when a child finishes secondary education.

Thanks Fiona

It states tertiary/higher education so I know it covers till the end of uni but know that if X stopped paying son would do without rather than fight for it himself (something I would do too tbh, but when it''s for one of my boys I seem to have a lot more fight in me ).

Having had to take X to court once already & having to ''remind'' him every so often to pay CSA ... Wouldn''t be surprised if it stopped (often threatens it) & I know that it will be tight for son at uni (who has to work too which is a worry) as its tight for me to help him too (but will do so without question).

Thanks again JJx

Didnt suggest he shouldn''t pay just not necessarily to his ex. Once the children are adult surely its acceptable to pay directly.

Taking a decision to alter the terms of a court order shouldn''t be made unilaterally, or at least not without the advice of a lawyer who has sight of the relevant documents. Because the order is legally binding and enforceable non compliance leaves the payer on the back foot in enforcement or variation proceedings.

If the payer can no longer afford to pay maintenance they should apply for a variation. When the terms of an order are unclear clarification needs to be sought. As Ward LJ once said in an appeal case it isn''t for the payer of child maintenance to take the law into their own hands unilaterally and arbitrarily.