Consent order breach??

anna_1977

It means that he agreed at the time and signed the consent order.
The CSA have never been involved so unless we inform them they don't play a part

System

anna_m wrote: »

I assume the £240 to eldest wouldn't be affected though as I'd not be claiming via CSA for her....

It will be affected because the consent order becomes null and void.

anna_m wrote: »

lets hope he doesn't know about this

He should do if he has a half decent solicitor

anna_1977

I'm guessing he's not had legal advice. If he did he'd know while she's in full time education he has to pay.

When we got divorced he didn't get a solicitor at all, said he didn't want to waste his money

burnoutbabe

what does the consent order say about payments ceasing? it says pay children but there must be an end date? The University thing is seperate, and I assume would kick in if they postponed Uni for a few years and then went?

anna_1977

There is no cease date, it just says about supporting them through uni

mgdavid

anna_m wrote: »

There is no cease date, it just says about supporting them through uni

if there is no cease date or condition (often it would say 'while in fulltime education' or similar) then I think definition falls back on the use of the word 'children' i.e. by implication payments cease at the age of majority (18) unless education continues beyond.

anna_1977

mgdavid wrote: »

if there is no cease date or condition (often it would say 'while in fulltime education' or similar) then I think definition falls back on the use of the word 'children' i.e. by implication payments cease at the age of majority (18) unless education continues beyond.

It uses the words I've put in one of the above messages about continuing to pay child support until the complete university

burnoutbabe

then its badly worded as its open ended, as when does it stop if the child doesn't go to university? (or goes after an extended gap year)

Stopping at 18 seems a reasonable intrepretation in the circumstances. (and then redo if they start Uni)

anna_1977

It would stop when they finish full time education - 6th form college in this case which is next summer.

Guest101

anna_m wrote: »

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

If that's the exact wording, then it's poorly written. I cant believe a court accepted that.


There is no end date (so the CSA guidelines would likely apply)


And there is no obligation to pay £480 or £240 at all at university. It just say to support them at university.