Maintenance stopped but settlement says different

achtunglady

I am writing on behalf of a good friend who needs some advice. She was married for 12 years and ended up getting divorced, they had two children together, daughter turned 18 in December just gone and son is 14.

The divorce settlement stated he was to pay £250 for each child up until the age of 18 or until further education had ceased, which ever was the latter. The daughter is currently at college and the son is at secondary school.

Since the divorce, he has only been paying £400 a month intead of the £500, but she overlooked it, saying at least he is paying something. From January 2010 he stopped paying for the daughter despite her still being in further education.

How does she go about getting him to pay until the daughter is finished with her education? Does she go back to her solicitor or back to court and should she claim for the money he hasnt paid her i.e the missing £100 a month times 9 years?

Would she have to pay legal aid and court costs if she needed to get a court order? She is worried about them putting a charge on her property and having to pay back legal costs if and when the house is sold.

He is in a well paid job earning approximately £50,000 per annum and has regular access to both children twice a month.

loftus

It really does depend on the exact wording of the consent order.

Many will end maintenance when the child finishes secondary education. She needs to take advice on whether hers means this or tertiary education.

Spendless

AFAIK 'further education' means pre-degree level eg A levels. If the eldest was 18 in December assumming she's in England (or Wales) she'd be in the equivalent of yr 13, so on 1st look yes he should still be paying. If she's in a different area of U.K not sure as their academic years run differently. I don't know if you'd need to further define 'further education' too, ie what course is she on.

I should imagine she'd have to take it up with a solicitor if they can't sort it between themselves. No idea of how much that will be or if she can claim for the money she's been short over the years.

kingfisherblue

Spendless is correct, further education is pre-degree (A levels or equivilent). My ex had to pay maintenance for my daughter after she turned eighteen last year, as she was still in further education. Maintenance is usually payable whilst the parent with care still receives child benefit - if your friend's daughter is in further education, your friend will almost certainly be receiving CB until the end of the school year (31 August) and maintenance should be paid. If the daughter is an apprentice, then I think the rules are different.

OP, why don't you pop over to the Child Support board and have a look through. There might be something relevant over there - I'm sure it has been discussed before.

gratefulforhelp_2

She may have to resort to the CSA, if her XH thinks this is a possibility, it may spur him on to do the right thing.

Glad

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Bubby

Your friend will also find there is a time limit on what she can claim back from a court order (I think it is a year but she should check with her solicitor). If she has an asset (ie the house) then they may expect her to pay them back the legal aid (if she qualifies)