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Hi, Please advise, I have a consent order to pay maintenance to my ex for my Daughter, she is now 18 and going to uni'. The court order states I must pay until 17 or leaves full time education. My wifes solicitor says that Section 29 subsection 3 of the Matrimonial causes act 1973, states that it authorises the court to make a child maintenance order in respect of a child over the age of 18 if they are "receiving insrtuction at an educational establishment", this is all very wordy if you read the Section, can anyone throw some light on this, all the people I have spoken to (CSA and CMS) seem to think that payments should stop but none have heard of this subsection 3. Regards Mike
I have moved your post over to the Child Maintenance section, as you are likely to get more response here.
Hi , my ex continued with payments for my son till he finished uni. I contacted the court and had the payments sent direct to my sons bank account as far as I was concerned these payments were to help my son and he was living in student accommodation
I think as you pay your maintenance through a court order rather than through the CSA the rules are slightly different.
With a court order the term full time education encompasses advanced education such as university, whereas if you were paying through the CSA payments would stop once a child enters university.
I believe if your financial circumstances have changed, with a court order you can apply to go back to court to vary the amount and argue that under CSA regulations you would no longer be liable to pay maintenance once your child starts Uni.
Has anyone had the MCA 1973 section 29 subsection 3 used against them, it relates to a child over the age 18 and going to university and you still have to pay child maintenance as the child is "receiving instruction at an educational establishment". I can not seem to get clarity on this point and I have not seen anyone else mentioning it, am I the only person in the UK it relates to?
I think you need to look at your original court order to see if it was included that you pay till education ceases . In my own case it was included and my ex continued to pay till our son was 22 , but it was sent direct to my son . You could do to citizens advise and ask for a free half hour with a solicitor and take your court order with you.
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