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Can anyone help please ?
I stopped paying maintenance when my children completed their A levels at age 18 as both my ex wife and I thought this was correct and nothing has been paid (to my ex wife) since. My kids are now aged 20 and 21. My son went straight to University and I helped him with monthly payments.. My daughter had a two year gap before she decided she would like to go to University. During this time she was in full time employment.
She too received payments from me when she went to university, although neither received the amount I was paying to their mother under the terms of the original court order.
My ex wife recently informed me through my son that she believes that through the original court order, I agreed to pay, through the order, until 'full time tertiary education' was completed and is therefore seeking back payments for both, for the past two years. In my case full time tertiary, I have ascertained, means university.
My daughter completed her A levels then worked for two years. I stopped my payments then as she had left school and was employed full time.
Two years later she decided to go to University. Does anyone know, under these circumstances if I am legally bound to pay my ex wife the originally agreed £250 pcm regarding my daughter?
I understand if she is right then my sons payments should not have stopped so would anything I can prove I paid to him be discounted from back payments?
I suppose my main question now is ' Am I liable regarding my daughter? ' bearing in mind she had a two year gap and full time employment etc.
Thankyou.
John
Hi there 🙂
I'm a bit hazy on Maintenance but in my opinion from what I have learnt on here, if its a court order made in court rather than through the CSA its only enforcable for 12months.
The fact that your daughter left education and was in full time employment for two years cancels out any agreement.
The payments you made to your son whilst at Uni unless you have proof that they were maintenance payments, wont count.
You could contact Child Maintenance Options and ask their advice, or you could contact the Citizens Advice Bureau.
A solicitor could also clarify the situation but it would cost you. Theres also a website called Wikivorce that might be helpful.
Hi.
I have removed your other posts as I think this one covers everything.
NJ is correct in that after 12 months the CSA can override a court order. I'm not sure what the position is if the CSA don't get involved, and since your daughter will be at university, then the CSA wouldn't be interested.
Normally, the CSA don't accept payments made to children as maintenance so you could find yourself liable for arrears. However, the courts are usually far more sensible about this, and you have acted in the spirit of the court order, even if not the letter of it, so I think you'd have a very good argument if it came to court - and therein lies the real point - it has to go to court, and that means your ex has to take you to court for breach of the order. Your daughter was in employment, so I would say that your obligation has been discharged as she presumably didn't show any intention of going to university until recently.
I would be inclined to stand your ground as you really have nothing to lose by doing so, though may be worth having a word with the Citizens Advice Bureau about what I have suggested, and what might be the consequences with regards to her costs should the judgement go against you.
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