Brother having money probs with ex wife

ERICS_MUM

**I've just read this back and it's too long but I can't cut it without leaving out info.

I would welcome some advice for my brother on how he stands legally.

They divorced nearly 3 years ago and agreed the finances, child support etc in what his solicitor called a clean-break agreement. A consent order was "rubber-stamped" in court.

Re the child support, they agreed he would pay the CSA rates for their children, until they finished secondary education He has also contributed ad-hoc for things like new shoes, etc. on the basis that he didn't want the children to lose out due to the divorce.

Now the children have left school the ex wife has now said that she wants to get the child support portion of the consent agreement changed so that my bro' continues paying for his youngest until he is 18 and starts his degree course.

I have 2 questions:
a. can the consent order be changed like this - my brother's circumstances have not changed much, he has nowhere of his own to live so relies on friends and family.

b. could the youngest child be considered as still in secondary education although he has left school and is doing a college course ? If so under what circumstances (e.g. does it depend on the type of course)

Thank you so much for any help you can give. Also could anyone recommend a site that gives accurate advice on this sort of thing ?


:beer:

McKneff

Im not an expert by any means but i think you need to take out the word 'secondary'

It has no basis is law.

I dont know if a foundation course constitutes 'education' but Im sure someone with more knowledge will be along soon.

Emmzi

I cannot imagine why if he is at all able he would not wish to continue to support his child through whatever sort of education she is undertaking.

However she cannot change a court order without his consent.

ERICS_MUM

Emmzi wrote: »

I cannot imagine why if he is at all able he would not wish to continue to support his child through whatever sort of education she is undertaking.

However she cannot change a court order without his consent.

I appreciate what you say about him supporting his child and this is his dilemma -trying to balance what's right for the children vs what he needs to do to make a reasonable life for himself.

He is already supporting his youngest direct re things such as bus fares, holiday spending money, etc.

It's just given his own circumstances he is starting to worry about his future life . He has also had to sign over half of his pension so he will not have enough in that to buy even a small flat . He has a share of any net profit on the house but this is not the time to sell it.

We really have tried as a family to support everyone in this (the first divorce in our family) but still the ex demands more and more and more.

suited-aces

Totally understandable Linda, but there will still be plenty on this board who think she should bleed him for even more. I wish him all the best, he sounds thoroughly decent.

mountainofdebt

hi

I remember you posting on this subject before .

I suspect that the mum may be twisting the issue with the daughter ......perhaps by refusing to pay for things since the dad is no longer providing financial support ...I may be worng but some women do use the children as pawns in their war with the exs.

tbh (as a female!) I would tell the ex to go and take a running jump ....he provides for the daughter above and beyond the terms of the agreement - in fact I think it is common only to provide financial support for children up to the age of 18.

Again as previosuly posted college education (I assume this is an alternative to sixth form) is considered to be further education not secondary education - which is up to the age of 16.

gratefulforhelp_2

You might get a good response if you post on the child suport sub-board? They know this stuff back to front.

pinkshoes

Why doesn't he send some money directly to his daughter?

babymoo

Sounds like he is doing a brilliant job in supporting his daughter with paying for the things he does already. My suggestion would be that he gives his daughter so much a month as an allowance and that should be sorted between him and his daughter.

mountainofdebt

I must admit I read it as if the father does give money directly to the daughter for the things mentioned but the mum is after money to go into her purse.

One thing I've thought of is does the ex still get child benefit / tax credits for the daughter or is the course means that these benefts have stopped? This might explain (but not justify) why the ex is now wanting to change the goalposts.

calleyw

If he went via the csa he would have to pay if the child goes on to further education not higher education up to the age of 19.

Csa stops when Child benefit stops. If he has supported the other children up to their 18th birthday then it is only fair to support the final child.

Don't wish to tread on toes (have step children myself and done battle with the csa)but does he resent paying the money to the ex. I only say this because of the mentioning of what car she drives etc.

What I do find strange is that she has re-married but has not had to sell or buy out her ex-husbands share of the house.

Yours


Calley