Child maintenance for 18 year-old

JBH100

I have a court order as part of my divorce settlement which requires me to pay a fixed monthly sum to my ex to support my 18 year old daughter until she leaves full time education.. My daughter is now at university & will move in with me over the summer holidays. Can I now pay the maintenance to her directly rather than to my ex who is not paying anything towards her upkeep?

moomoomama27

Once a child leaves full time education - A levels or equivelant you no longer have to pay CM to the PWC. Although this could be different in Scotland/Wales?

Depending on the terms of your divorce of course, I would get legal advice, because normally it doesn't continue once they start uni.

Robisere

Ask the Court, you must have the paperwork from the Hearing.

I have no idea if you can pay it directly myself, but that is what I would do. I have some experience of the two divorces my DS & DD went through, there were similar problems and I obtained Court details, then wrote letters for each of them in turn, to read and either correct or sign and send.

I was able to obtain results, but that was before the end of Legal Aid. Perhaps a local Solicitor with some free consultation, could advise you.

JBH100

Thanks both, the order States that I have to pay it my ex for the benefit of my daughter. My ex isn't paying my daughter, so it's somewhat ambiguous!

shoe*diva79

Does your daughter still live with your ex at the moment (you mentioned your daughter moving in with you over the summer).. if she is then you ex will be paying towards your daughters benefit as such indirectly such as housing, food, heat, water etc.

However, CM is not usually payable past A Level education so you shouldnt need to pay it any more as she has left full time education

JBH100

Right now she's in a rented university flat & when she finishes she will move in with me & I'll pay her living expenses. I plan to give her the full amount identified in the court order without deducting anything for living expenses & want to continue paying her throughout her remaining university course. The court order stipulates that I must pay until she has finished her 1st degree. I don't want to pay my ex!

shoe*diva79

Hmmm concerning that you still have to pay your ex wife despite your daughter not living there. Can you take it back to court?

Technically you will be breaking the court order if you stop and your ex wife could take you to court to enforce it.

JBH100

Thanks, I think I'll try contacting the ex 1st & see if she will agree without going to court. If not, I'll petition for a variation to the order, it doesn't seem too costly, but no doubt will end up being a real hassle! Thanks for all your posts.

Jagraf

As a PWC I would jump at the chance of my ex still helping my DD at uni. I wish your daughter well with her degree xx

DODO_2

As far as I am aware a court order regarding maintenance is only valid for the first 12 months from the court order - after that you are free to apply to the CMEC ( replacement for CSA) - their calculation overrides any court order for maintenance - so how I interpret that is they will do a nil order for your daughter as she is at uni and CMEC only covers up to A Levels - so you wont have to pay yoru ex anything and if you want to give your mney to yor daughter directly then nothing will stop you now - hope this makes sense
"Basically any court order for child maintenance is valid for a minimum of a year and a day - after that point either party is free to contact the CSA and pay/receive maintenance that way instead. " Child Maintenance. The court only has limited power to make orders in respect of child maintenance. Where a figure for child maintenance is agreed, the court can approve this and the amount will then be binding on the parties. However, once the order has been in force for twelve months either party may make an application to the CMEC (formerly the Child Support Agency / CSA) whose assessment will override the court child maintenance order. http://www.blackdownfamilylaw.co.uk/financial-settlements-on-divorce.html

If there is a dispute over the level of child maintenance payable, then either parent needs to apply to the CMEC although many couples use the CMEC assessment and make payments voluntarily. The CMEC was partly established as it was becoming uneconomical for couples to litigate over child maintenance


My view is you don't have to do a variation of court order as its past a year from court order -