Enforcing Court Order For Child Maintenance

Kirsjude

I have a court order in place for my ex-husband to pay maintenance for our 18 yr old daughter, who is currently studying for A Levels.

Court order states maintenance shall be paid until DD reaches 18 or ceases full time education, whichever is the later.

Ex-husband has not paid any maintenance since January 2013, and has informed me that he is not going to be paying me anymore money, as he believes that he has fulfilled the court order and doesn't have to pay while DD is doing A Levels.

I have told him that A Level count as full time education, but he believes other wise.

I would like to enforce the court order. Does anyone know the process and how easy/difficult it is?


I have rung the county court where order was made and asked them to send me an application form, but they seemed very vague.


Do I need to go to court to get form or is it available elsewhere?

Any help/advice would be greatly appreciated.

Caz3121

If the court order has been in place for over 12 months, then either party can go to the CSA and this will replace the court order

kevin137

That is true, but if the money ordered by the court is more why would you, and there are arrears for the court order.

I would go in person to the court and ask, i am guessing you could enforce by way of a county court claim as the order makes it a debt, but go in and ask, you will get more sense and better answers...

Kirsjude

Thank you for answers.

I rang a local solicitor this morning and they were extremely helpful.

They have emailed me a form which I will complete and take to court tomorrow.

Solicitor advised not going to CSA, as will just prolong the process.

clearingout

is he self employed? if he's self employed, the court is the best route. However, if he's paid well on PAYE you may find it quicker and easier just to use the CSA. It's a gamble - the CSA works for the majority of people but there are horror stories to be had!

kevin137

clearingout wrote: »

is he self employed? if he's self employed, the court is the best route. However, if he's paid well on PAYE you may find it quicker and easier just to use the CSA. It's a gamble - the CSA works for the majority of people but there are horror stories to be had!

The issue at hand seems to be "HE" has decided that he has paid for long enough, if there is a court order and it stipulates a certain criteria, then he is silly if the child, albeit an 18 year old child is still in education.

And while the CSA may be a quicker route, you are still talking about 90 days if he plays ball. The court is a breach of court order application and as the order already exists, then the arrears are already there and owed.

A new claim to the CSA will not address these arrears and they would still need to be applied to court for. So it makes sense to keep the current order and apply for enforcement, and as the courts have way more power that can be used quickly, you will or should have more success...!!!

It may also be worth clarifying, while you are there as what counts as full time education...! If they deem this to include University, then you will have an order... This may be a little naughty, as he could apply if she started to the CSA, and as the CSA won't collect while at UNI then they could not open a case and as such could not stop the court order, however, he can open one now with the CSA himself which means you would be tied to there rules...

My choice would be the court and for clarification with the court as to what education is covered for full time to be enforced...

Kirsjude

clearingout wrote: »

is he self employed? if he's self employed, the court is the best route. However, if he's paid well on PAYE you may find it quicker and easier just to use the CSA. It's a gamble - the CSA works for the majority of people but there are horror stories to be had!

Yes, he is a self employed market trader and also has his own retail website.

Kirsjude

kevin137 wrote: »

The issue at hand seems to be "HE" has decided that he has paid for long enough, if there is a court order and it stipulates a certain criteria, then he is silly if the child, albeit an 18 year old child is still in education.

And while the CSA may be a quicker route, you are still talking about 90 days if he plays ball. The court is a breach of court order application and as the order already exists, then the arrears are already there and owed.

A new claim to the CSA will not address these arrears and they would still need to be applied to court for. So it makes sense to keep the current order and apply for enforcement, and as the courts have way more power that can be used quickly, you will or should have more success...!!!

It may also be worth clarifying, while you are there as what counts as full time education...! If they deem this to include University, then you will have an order... This may be a little naughty, as he could apply if she started to the CSA, and as the CSA won't collect while at UNI then they could not open a case and as such could not stop the court order, however, he can open one now with the CSA himself which means you would be tied to there rules...

My choice would be the court and for clarification with the court as to what education is covered for full time to be enforced...

Thank you for your reply.

DD is hoping to go to uni, so would be lovely if the order could include that as well.

It amazes me that he can pay the maintenance for 12 years, and then with 18 months to go, decides that he has done his bit.

I think he thought I'd just accept it.

System

You can be doing A levels and not be in full time education

kevin137

!!!!!! wrote: »

You can be doing A levels and not be in full time education

Really...??? I thought anything over 12 hours was qualifying for full time education according to the CSA...

So A Levels would certainly qualify...

System

If you are still in school then yes. However at 18 it is possible to do them part time at college.

Full time and A levels are 2 totally separate things that do normally go together but do not need to.