Consent order breach??

corf999

Based on my understanding of the text above, he is no longer required to pay £240 to the daughter in Uni - just a vague support her during uni - which I am not convinced is enforceable.

He is however still required to pay you for the daughter still doing her a levels.

anna_1977

Well apparently a consent order is not enforceable by a court!!! waste of money that was when we divorced. I need to go via the CSA which will probably take forever. The issue isn't the daughter at uni as he's still paying her, he just doesn't want to pay me for the younger one.
My solicitor has said that I can go back to the courts to increase my nominal spouse maintenance instead - I'm on the phone to CSA at the moment

anna_1977

Guest101 wrote: »

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.

My issue isn't the daughter or even payments at Uni its for the 18 year old that's still in FT education living at home with me

Guest101

anna_m wrote: »

Well apparently a consent order is not enforceable by a court!!! waste of money that was when we divorced. I need to go via the CSA which will probably take forever. The issue isn't the daughter at uni as he's still paying her, he just doesn't want to pay me for the younger one.
My solicitor has said that I can go back to the courts to increase my nominal spouse maintenance instead - I'm on the phone to CSA at the moment

More questions seem to follow:


1: do you not work? It seems strange to get spousal maintenance if your children are adults and you have opportunity to support yourself. I would find it quite strange to rely on an ex.
2: can you speak to your daughter to make sure that if she's getting support from her father, instead of it being paid to you, then she contributes some of it towards the household?


No a consent order is not enforceable as such. However it gives the court an indication of what the intentions were. It's unlikely a court would deviate too much from it, if it went to that stage.


However if he's paying £240 to your daughter, then the intention is likely met

anna_1977

Guest101 wrote: »

More questions seem to follow:


1: do you not work? It seems strange to get spousal maintenance if your children are adults and you have opportunity to support yourself. I would find it quite strange to rely on an ex.
2: can you speak to your daughter to make sure that if she's getting support from her father, instead of it being paid to you, then she contributes some of it towards the household?


No a consent order is not enforceable as such. However it gives the court an indication of what the intentions were. It's unlikely a court would deviate too much from it, if it went to that stage.


However if he's paying £240 to your daughter, then the intention is likely met

1. Yes I work. A nominal £1 per year was written into the agreement. i have NEVER EVER wanted my ex to support me, however he should be paying for his daughter who is currently in education

2. He's not offering to pay her the £240, if that were the case she would happily give straight to me. He is offering to fill her car up every now and again

burlington6

I've never understood why anyone should HAVE to pay for their child when they go to uni. There are grown adults, at some point in their 20's. It's pathetic

anna_1977

burlington6 wrote: »

I've never understood why anyone should HAVE to pay for their child when they go to uni. There are grown adults, at some point in their 20's. It's pathetic

This is about the fact my ex husband has stopped paying for his 18 year old daughter who is currently at college doing A Levels

He CHOSE to pay for the Uni years, no one has made him

Guest101

anna_m wrote: »

1. Yes I work. A nominal £1 per year was written into the agreement. i have NEVER EVER wanted my ex to support me, however he should be paying for his daughter who is currently in education

2. He's not offering to pay her the £240, if that were the case she would happily give straight to me. He is offering to fill her car up every now and again

Fair enough, it's strange to have spousal maintenance at all in this day and age, so not sure why that was written in at all. I think your solicitor is not onto a winner suggesting it's increased. Its normally not part of a divorce.


Have his circumstances changed? Does he earn over £24k per year?

FBaby

What has he told your DD as he indicates in his email that he is making arrangements with her.

At this stage surely going through csa is the way forward unless he is self employed. It doesn't hedge to take for ages and if in the meantime he is giving your DD some money it is not so bad.

rpc

Guest101 wrote: »

Fair enough, it's strange to have spousal maintenance at all in this day and age, so not sure why that was written in at all.

If it is in, it can be varied in future. If it is left out, it is never paid.

His solicitor should probably not have agreed to include it.

I think your solicitor is not onto a winner suggesting it's increased.

That's the only reason it gets included at a nominal amount. Whether a request to vary it would be successful depends on the circumstances.