Can my daughter (now 18) enforce Court Order for financial support through Uni

Penge28

Following my divorce we had a Court Order setting out maintenance for my two children of £225 each per month. This was agreed as I stated I did not want any maintenance for myself. The order stated that this would continue up to First Degree. My ex decided to stop payments and I had to enforce the order through the magistrates court (finally getting the money he owed). After a year he applied to the CSA for them to pay me instead of going through the court - he cut all his overtime and failed to mention all his "private jobs". He earns an absolute fortune and can afford to pay. I was told that after a year the order can be dismissed and the CSA take over. So basically he ended up paying a lot less. Now my youngest is 18 and off to Uni and he has said that when the CSA payments stop he is not going to honour the original court order and pay the agreed amount to help support her through Uni. Question is: can I simply apply to the court (or her as she is 18) and ask them to enforce this agreement?

Voyager2002

See a solicitor.

Are you sure that the original enforcement was through a magistrate's court?

kevin137

It would be County Court or Family Court but i doubt the magistrates dealt with it, although could be mistaken...

I would definitely look to take him back to court, as the order doesn't expire, it is just superseded by the CSA due to there legislation, and if the original order was for that amount of time, then when the CSA expires, then it may well be that you have the order to fall back on, albeit an application to reinstate it...!!!

You may also be able to apply for a variation to increase this...!!! Make an application to the court NOW.

The CSA payment will stop for the child when the CB stops and that if not already will only be a couple of weeks, so be prepared...

I have no idea if you would manage to get it reinstated, but definitely think you should try, you don't need a solicitor, you could do it yourself if you are a confident person...

Penge28

Thankyou so much for all the advice. I did have to go to the local magistrates court to get him to pay up the back payments etc. The court had the amount down as too much so I corrected them and the magistrate said that, in all his years, he had never had someone ask for less. I just wanted fairness and him to pay what he had promised. In the end he did pay up!

I am confident enough to have a go at applying to the court again just not sure which forms I have to use - it is so confusing!! Also I read something on a website (think it was a solicitors page) about the order being null and void once the CSA have been involved - that's what scared me!

jacklink

why doesn't she get a job like most people her age ?

redliketherose

What sort of relationship can this man possibly have with his daughter now, I hope she is fully aware of this.

SJI85

jacklink wrote: »

why doesn't she get a job like most people her age ?

I say most, or certainly a significant number, of students don't get a job as they simply don't have the time with study commitments. Even with a part-time job during term time, and earnings during the summer, some parental support may be required.

Moreover, a number of students actually place substantial restrictions on where, and how much, a student can work.

Or perhaps the OP's daughter is disabled or too ill to work?

Quite frankly I don't think it's our business, nor is it relevant to her original question.

jacklink

SJ185 what a load of tosh, most students get jobs to subsidise grants ect , what world do you come from ?

jacklink

if you dont think its our business ect then dont answer, but in reality the question has been posed on open forum so its open to all opinions from all walks of life

GwylimT

jacklink wrote: »

SJ185 what a load of tosh, most students get jobs to subsidise grants ect , what world do you come from ?

My son is studying medicine, not only does he have much shorter university holidays his course involves him working full time within a hospital and attending 18 hours of lectures a week, then of course he needs home study to complete his assignments and time for revision. So, does he have time to work long enough hours not to need financial support from his family considering his loan doesn't even cover the costs of his rent in the cheapest halls of residence possible?

jacklink

oh well whoopy doo for you, i imagine he was brought up on a council estate and had the world against him, and he still gets through, well done you