Consent Order - Help needed!
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welshlass1
Posts: 2 Newbie
Myself and my partner have just received a copy of the consent order from the courts following his Decree Absolute with the following wording in relation to 2 of his 3 children, both of which are in University full time and living away from home during term time:-
"And upon the Respondent (my partner) agreeing with the Applicant (his ex-wife) and Undertaking to the court to pay the Applicant the sum of £120.00 per calendar month in advance on the 28th day of each month by way of standing order for LT (name of first child), until LT leaves University, to exclude living at University. In the event LT pays board to the Applicant, the Applicant will inform the Respondent and the Respondent shall deduct that amount from the £120.00 and continue to pay the remainder to the applicant."
The key question here is what does it mean by the wording "to exclude living at University"?
Currently we pay this amount for both of his children currently living in University halls of residence, regardless of whether it is term time or not. We would prefer to give the money directly to the children concerned when they are at University as we feel they have no benefit from it and unfortunately we are unable to help them any further due to the financial constraints of the consent order.
Anyone with some advice on this would be greatly welcomed
"And upon the Respondent (my partner) agreeing with the Applicant (his ex-wife) and Undertaking to the court to pay the Applicant the sum of £120.00 per calendar month in advance on the 28th day of each month by way of standing order for LT (name of first child), until LT leaves University, to exclude living at University. In the event LT pays board to the Applicant, the Applicant will inform the Respondent and the Respondent shall deduct that amount from the £120.00 and continue to pay the remainder to the applicant."
The key question here is what does it mean by the wording "to exclude living at University"?
Currently we pay this amount for both of his children currently living in University halls of residence, regardless of whether it is term time or not. We would prefer to give the money directly to the children concerned when they are at University as we feel they have no benefit from it and unfortunately we are unable to help them any further due to the financial constraints of the consent order.
Anyone with some advice on this would be greatly welcomed
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Comments
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I think it means that it won't be paid if your son lives at university. I.e. Only to be paid if he lives with you but if you also charge your son board then the amount you board your son pays you will be deducted from the £120.
So it seems he won't pay YOU if your sons resides at university. Possibly he may give it direct to your son.
This is how I read it but I may be wrong.
Clever.0 -
I'd read it as £120 will be paid to the ex wife when ever LT is living at home, ie not whilst at university but if the ex wife takes any money for board directly from LT then they have to inform your partner so he can reduce his payments accordingly so ex wife still only gets £120 in total.0
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I think this is clever as it is ensuring that the ex doesn't pocket they money if the son is in university accommodation.
It also prevents the ex from double dipping, pocketing the maintenance and charging the son board on top of this from his student loan or part time job if he lives at home.
He doesn't appear to be compelled pay the son directly but he may do so if he wishes I guess.
I mistakenly read your post as you being the ex wife at first. Sorry.0 -
* consent orders in respect of child support are valid for 12 months0
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