Paying Maintenance Whilst Child at University

cavkc

We pay my husbands ex-wife £800 per month in child maintenance. This is under a Court Order from approx 10 years ago. The Order states that we pay the maintenance as long as he is in full time education, or to first degree.

He will be starting university away from home next year and we want to support him financially, as a minimum making sure he doesn't have to pay his fees or accomodation costs himself. However, once he has in effect left home for the majority of the year, should his mother not be expected to also contribute. Quiet frankly we cannot afford to fund his further education and continue to pay her the £800 pm.

We are quiet happy to pay her the £800 pm when he is at home during the summer etc. but she wants us to pay her when he is not there AND pay 100% of his university costs.

FYI he lives with us 50% of the time.

Any advice would be appreciated.

Rikki

Maintenance normally stops the same time as the child benefit. If the child goes onto university you can support them direct.

cavkc

Rikki wrote: »

Maintenance normally stops the same time as the child benefit. If the child goes onto university you can support them direct.

But the Court Order states that payments continue 'as long as he is in full time eduction, or to First Degree'

kingfisherblue

Couldn't you pay the £800 a month to your partner's son instead of to his mum? Or if there is more than one child, pay a proportion to the son and the rest to the mother for any other children at home?

Kimitatsu

I would go back to court - many courts now are happy to let the CSA take over and as the CSA guidance is that maintenance is paid up to 19 whilst in full time education then it seems unreasonable to support his mother whilst he is at University.

At £800 per month, you could pay all of his University costs :eek: It strikes me that she is being unreasonable expecting you to continue to pay maintenance and pay all of his Uni costs.

Is the court order mainly for maintenance? It does not specify maintenance for the ex wife?

shell_542

University if higher education though. When you say "to a first degree" it's difficult to understand whether it means during a first degree or up to starting a first degree. If you don't know yourself, could you contact the solicitor he dealt with at the time to find out what it actually means.

I can't understand why you would have to pay child support directly to the ex while he is in university. Directly to the son or only to the wife during holidays yes, but not during unless she passes that money either onto him to support him himself or uses it to pay the fees and asks for nothing more from you.

cavkc

Many thanks for your reponses, to answer some of your queries:-

1. There is only the one child
2. The maintenance payment is only for the child - we paid more than this up to him being 16!
3. 'First Degree' means that we do not continue to pay if say he continues with his education to PhD etc. We would only be liable for a 'normal' uni degree course of 3-4 years.

Ideally we would like to pay him directly once he is at uni as the maintenance is for his benefit and he wont be living with either of us.

Ideally we would prefer not to go back to court as we had MAJOR legal costs last time.

speedster

stop paying and she will be forced to go to the csa as the court is superceeded by them.

liability will cease at 19. then you're free to help him personally as you'll be £800 per month better off!

shell_542

cavkc wrote: »

Many thanks for your reponses, to answer some of your queries:-

1. There is only the one child
2. The maintenance payment is only for the child - we paid more than this up to him being 16!
3. 'First Degree' means that we do not continue to pay if say he continues with his education to PhD etc. We would only be liable for a 'normal' uni degree course of 3-4 years.

Ideally we would like to pay him directly once he is at uni as the maintenance is for his benefit and he wont be living with either of us.

Ideally we would prefer not to go back to court as we had MAJOR legal costs last time.

Could you seek the hour free initial consultation with a solicitor just to find out your options?

It doesn't seem right (to me) having to pay £800 a month to the mother of the child when he is living away as well as paying towards his uni fees (unless it was spousal maintenance, if that makes any difference).

Loopy_Girl

shell_542 wrote: »

Could you seek the hour free initial consultation with a solicitor just to find out your options?

I would second that. It seems and awful lot - but of course we don't know the full financial situtation of you - but it's certainly worth seeing what, if anything, could be done to reduce this and/or you support your son direct.

chriszzz

I don't see why you should have to pay the mother this maintenance, your son is a young man and it would be much better for your son if you could come to an agreement with him direct.
The mother shouldn't be getting the money now that he is living away. Your son is old enough to start taking responsibility and with your help am sure he will be appreciate this.
I would take shells good advice and go and get free consultation!!