Consent order breach??

FBaby

DD2 is very upset as she knows he give DD1 £240 a month at uni - he doesn't realise he's driving a wedge between his daughter and himself.

That's the main issue. So it isn't really about you then but about his girls? I agree, totally unaccepted that he would give the full value to one but not the other. What makes he think that the first has more need than the second?

Totally agree, in these circumstances, whether through he court order or csa, he needs to pay for the full amount to his younger daughter. One thing to remember, the csa won't consider that he is still paying for his eldest, so if you went that route, which you could do at any time regardless of the order, he could be made to pay more for his second daughter than he is under the order.

duchy

MissMoneypenny wrote: »

And if they decide to do a masters after that without taking a break after their degree, then he has to continue his payments for his daugher/s to the OP.

Depends how the order is worded

duchy

FBaby wrote: »

That's the main issue. So it isn't really about you then but about his girls? I agree, totally unaccepted that he would give the full value to one but not the other. What makes he think that the first has more need than the second?

Totally agree, in these circumstances, whether through he court order or csa, he needs to pay for the full amount to his younger daughter. One thing to remember, the csa won't consider that he is still paying for his eldest, so if you went that route, which you could do at any time regardless of the order, he could be made to pay more for his second daughter than he is under the order.

Except CSA stops when a child starts university so it would still be disadvantaging the younger daughter as she'd lose £240 pcm for the three years she is at uni.

anna_1977

Not massively concerned about masters if they choose to do that, more now and the degree.

My consent order says:
And upon the respondent agreeing to pay the petitioner child support payments in respect of the children xxx (dob) and xxx (dob) at the rate of £480 per month

And upon the respondent agreeing to support xxx and xxx throughout their university education should they complete the same

System

If he really didn't want to pay he could always open a CSA case himself. That would cancel the court order.

anna_1977

surely opening a CSA case wouldn't cancel the court order for Uni though ?

System

anna_m wrote: »

surely opening a CSA case wouldn't cancel the court order for Uni though ?

A CSA case will override the court order

http://www.nicolawilliams.co.uk/blog/child-maintenance-and-consent-orders-the-12-month-rule/

FBaby

That's what I thought that csa cancelled court orders. When was this put in place? I thought court orders didn't get involved much with maintenance arrangements since the csa has been fully in place.

anna_1977

This was put in place in 2013 as neither of us wanted to go through the CSA.
I assume the £240 to eldest wouldn't be affected though as I'd not be claiming via CSA for her....lets hope he doesn't know about this

FBaby

My consent order says:
And upon the respondent agreeing to pay the petitioner child support payments in respect of the children xxx (dob) and xxx (dob) at the rate of £480 per month

And upon the respondent agreeing to support xxx and xxx throughout their university education should they complete the same

I don't understand legal jargon, but am a bit confused about the 'respondent agreeing'. Could it mean that as long as he agrees, then that's what he pays, but otherwise, it reverts to the rules of csa?