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Extending child mai...
 
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[Solved] Extending child maintenance to university


Posts: 4
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Topic starter
(@Bluesauce)
Active Member
Joined: 13 years ago

I wonder if anyone can help?

I have a court order in place specifying an amount of child mainteance for each of my 4 children, until they "cease full time secondary education"

My eldest daughter is about to start her university degree course, and naturally I am delighted. Having discussed this with my daughter I have stopped paying the maintenance to her mother (as per the court order), and have agreed with my daughter to pay an amount directly to her, in excess of the amount I was required to pay by the order.

This does not seem to satisfy my ex wife (who always was a control freak!), and she has contacted the Magistrates' Court, with whom the order is now registered for collection purposes. They wrote to me implying that they might extend this order as my daughter is still in "education". I replied, expalining to them that this is higher education and therfore explicitly falls outside of the scope of the court order.

They have written back saying that they are consulting their "legal advisers"

Surely there can be no question of the magistares court simply being able to extend this order, because my ex wife wants it? The original order is unambiguous and, in respect of my eldest daughter, has expired?

Can anyone help? Where do I stand?

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1 Reply
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi

I'm not sure that the CCLC or the CMO would be able to advise on this - I would have a word with the Citizens Advice Bureau or a family lawyer to see what they say, but to be honest, if it did go back to court, I think a magistrate would have a lot of sympathy with your argument that you are paying directly to your daughter, and you could always offer the court a legal undertaking to continue this (if you break a legal undertaking, it's contempt of court, so the court would take it seriously).

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