Court Order re maintenance

ninab_2

The court order in place holds up more than the CSA - i know this because the father approached the CSA a few years ago to try and get the maintenance payments reduced but because the court order was made prior to a specific date in the 1990's then the CSA cant get involved and the court order stands...any variation required by either parties will need to be taken back to court, which he declined to do!

As i stated before after calling 2 solicitor companies today they both state after i read them the order that full time education includes university.....maybe they are wrong!

AnxiousMum

shell_542 wrote: »

It doesn't differentiate, no ... but I would imagine the NRP has a right to question the wording of the court order considering child maintenance normally stops once a child enters university now.

Then maybe he should've questioned it when the order was made? Not after years and years for the son and the pwc to know that both parents would be contributing to son's education, and then try and back out of it at the last minute!

Exactly what my ex is trying to do at the moment - is way in arrears of his child support, hoping that I'm going to be short money on sending him to university and prepaying accommodation etc. As this way, the ex will get out of paying his share of child support for the next few years. Unfortunately for him I've budgeted with the child support received over the years - knowing that there was going to come a day when things would be really expensive - so all he's doing right now is building up the interest and late payment charges.

Kyresa

ninab wrote: »

As i stated before after calling 2 solicitor companies today they both state after i read them the order that full time education includes university.....maybe they are wrong!

It will all depend on the Judge on the day to be honest. All the Solicitors can do is prepare your case and hope their preparation is better than the other sides.

shell_542

AnxiousMum wrote: »

Then maybe he should've questioned it when the order was made? Not after years and years for the son and the pwc to know that both parents would be contributing to son's education, and then try and back out of it at the last minute!

Exactly what my ex is trying to do at the moment - is way in arrears of his child support, hoping that I'm going to be short money on sending him to university and prepaying accommodation etc. As this way, the ex will get out of paying his share of child support for the next few years. Unfortunately for him I've budgeted with the child support received over the years - knowing that there was going to come a day when things would be really expensive - so all he's doing right now is building up the interest and late payment charges.

I appreciate your situation Anxiousmum, but unfortunately not everyone can assist their children in going to university financially. If I left it down to my parents to help me to get through university, I wouldn't have gone. They couldn't afford to help me. At this present moment in time, I cannot afford to put money aside for my children to help when they go to university. But when (and if) my children decide to go to university, they will be adults, and hopefully appreciate any help I can give them and (IMO) not expect me to fund them.

A lot can change in up to 18 years. The OP's ex isn't refusing to help his child whilst at university, just trying to reduce it to an amount he can more afford. I can appreciate that feeling too.

Anyway, it doesn't matter anyway. The OP knows what she has to do and that is get it confirmed by the court. Good luck in getting it sorted OP, whatever the result.

AnxiousMum

shell_542 wrote: »

I appreciate your situation Anxiousmum, but unfortunately not everyone can assist their children in going to university financially. If I left it down to my parents to help me to get through university, I wouldn't have gone. They couldn't afford to help me. At this present moment in time, I cannot afford to put money aside for my children to help when they go to university. But when (and if) my children decide to go to university, they will be adults, and hopefully appreciate any help I can give them and (IMO) not expect me to fund them.

A lot can change in up to 18 years. The OP's ex isn't refusing to help his child whilst at university, just trying to reduce it to an amount he can more afford. I can appreciate that feeling too.

Anyway, it doesn't matter anyway. The OP knows what she has to do and that is get it confirmed by the court. Good luck in getting it sorted OP, whatever the result.

Yes circumstances can definitely change in 18 years, however, if there is an order in place, you can't just ignore it. If he wants to have it amended, then he needs to apply to court for a variation - just as the OP would need to apply for enforcement of the current order should he ignore it.

I'm not saying all parents can afford to help their children through university. I have known since before having children that university would be an expense - and in Canada it's extremely expensive - so we started socking money away for it. It was also understood at the time that as parents, we would help out where possible. It's not even my ex that's playing the silly !!!!!! game with him helping to provide for our childen, it's his girlfriend who he now has a daughter with.