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I have been divorced over ten years. I agreed a set payment for my kids through the courts, not the CSA.
I signed up to pay until the end of tertiary education, which as I understand, is including University.
However, at age 18 my daughter completed her A levels and was in full time employment for two years so I stopped the payments.
After the two year gap my daughter decided to go to University and has been back for the past 15 months. My ex wife is now seeking back payments for this time. Does anyone know if I am liable to pay for (A) the time she was in work. ( I'm sure NOT on this one ) and (B) when she has gone to university after a two year break, am I liable?
If anyone has been through similar please let me know ASAP the outcome as the ex is going to get greedy lawyers and I am seeking answers / outcomes of others, prior to forking out money.
Thanks for reading
Hi There,
In my view you shouldn't be liable for the payments whilst she was working full time as she was earning a wage at this time so wouldn't have needed support finacaily,
With regards to going back to uni I haven't come accross this before so am unsure, my understanding of maintenance though is that it is up until the child finishes college and doesn't cover uni, that's the CSA ruling though I am unsure to your arrangement.
Darren
Darren,
Thanks for your post. I agree and am not concerned as such re when she was working. My agreement through the courts was to pay until end of full time or tertiary education' tertiary being university.
Seeing as my daughter had two years free from education then went to Uni, my question is: Am I liable since she decided to go to Uni after two year break?
I mean what if she decided not to go to University until she was 30, surely would not be liable then?
Thanks
Hi
I am really unsure on how you stand as you say she left education, in my mind you shouldn't be liable, but the court may see it differently, have you been in contact with the courts or a solicitor to see where you stand?
we have a team who specailise in child maintenance but unfortunately they wouldn't be able to comment as this is an agreement made in court and not through csa.
Darren
Darren,
Again, thanks.
Do you know of any forums that have experts on court / divorce papers which was what all my divorce stuff was. Completed through.
Cheers
a couple of people have mentioned wikivorce before, so may be worth having a look at that.
Also might be worth going to a solicitor for a one-off consultation to see what they say - I would say that if your daughter planned to go to university all along, then you are liable now (which isn't a problem) but I agree with the above that the 2 years when she was working should not be included.
I would also consider (and ask this on your consultation) whether you could withhold payment to you ex and pay your daughter directly instead - certainly during term-time, if that's a possibility, then if your ex realises this is a possibility, then she may have second thoughts.
Ultimately, the worst case is that a court agrees with your ex, and you have to pay the arrears. On that basis, you could simply not pay the arrears and call your ex's bluff (but in the meantime - set up a fund for your daughter) - if she wins, you pay the arrears, if she loses, you don't and she's had to pay legal expenses.
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