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spooky
Posted by
Platinum Member

19 Feb 15 #456475 by spooky

Topic started by spooky

My x husband is court ordered to continue paying CM for his daughters to the end of first degree save for any gap year.

My eldest daughter has graduated, the 2nd daughter graduates this summer after a 4 year degree. The 4th daughter starts Uni this year doing a 4 year degree course.

This question concerns the 3rd child. She stated Uni in 2013 but dropped out after year 1 as the course proved to be not what she thought it was. She has been travelling/ working this year and has supported herself as she was not in education.

She has applied to Uni again this year to take up another degree and I was wondering if you wise Wikipeeps could advise me as to whether she remains entitled to the court ordered CM .

Her Father states that because she dropped out she has finished her first degree and so is not entitled to further support.

Has a precedent been set that he supported her sisters for 4 years so should do the same for her?

I am letting them try to sort out things between themselves because I am sure that is the best way all round but would like to know what the legal viewpoint would be.

Many thanks xx

NotasStressedDad
Elite Member

19 Feb 15 #456481 by NotasStressedDad

Reply from NotasStressedDad

If he supports her this time he would potentially then have supported her for five years which does not seem fair on him. What happens if she drops out again and then reapplies he could end up doing this all his working days? so can see his point. Maybe some good negotiation needed to support for another three years and she or you finds the rest?

spooky
Posted by
Platinum Member

19 Feb 15 #456483 by spooky

Reply from spooky

He would only support her for 4 years as he has done for 2 others.

She only has one chance to go back to Uni and expect either of us to support her in my opinion.

My thoughts is that he could support her for 2 years, so a total of 3 years undergraduate degree and that she would need to work part time in order to fund her final year.

Would be interested to know the legal viewpoint seeing as there is a current court order.

Thank you xx

Fiona
Platinum Member

19 Feb 15 #456487 by Fiona

Reply from Fiona

From the legal POV there are few certainties in family law, just probabilities. Dropping out isn''t finishing a first degree and given the order makes provision for a gap year I would have thought there is every probability of a judge would decide child maintenance should continue for at least another two years for a young student who is still considered dependent for student loan purposes.

It would be a different ball game if the "child" was older and decided to return to education after a few years of employment when for student loan purposes they would be considered independent.

spooky
Posted by
Platinum Member

20 Feb 15 #456499 by spooky

Reply from spooky

Thank you Fiona.

There is a very long history of tension between my x and I.

My daughter will continue to negotiate with her Dad but if the court has to be involved can she make the application herself.

The order was made in 2008 and is between him and I.

Thank you x

Child Maintenance Options
Moderator

20 Feb 15 #456524 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Spooky

With there being a Court Order in place you may wish to see what is stipulated within the agreement as to where you stand regarding maintenance payments. Alternatively, you may wish to seek further legal advice regarding your order.

Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months. After 12 months, either parent can apply to the Child Maintenance Service and the Consent Order will no longer be valid. However, if a Consent Order dates back to before April 2003, then law does not allow parents to change over to the Child Maintenance Service. Only the courts can arrange child maintenance in such circumstances.

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.

However, if your child was 19 after this date and in full-time education, maintenance would be paid until the age of 20. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September. I have included a link for further information when child maintenance ends and what courses are classed as full-time non-advanced education that you may find useful, www.gov.uk/when-child-maintenance-payments-stop

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

Fiona
Platinum Member

21 Feb 15 #456553 by Fiona

Reply from Fiona

When a child over 16 is no longer in full time "non advanced education " the Child Maintenance Service cannot process an application so any court order for child maintenance remains in effect. The problem here is clarifying the terms and the only way to do that with certainty would to refer the matter to court, although a solicitor could advise about probabilities.

There is a bar to over 18s in education applying for child maintenance in their own right if there was a court order for child maintenance in force in respect of the young person immediately before they reached the age of 16 - see Orders for financial relief for persons over 18 , Schedule 1, Children Act 1989.

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

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