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History: Home UK Divorce Forum
Topic:
Ex looking to revise order (4 Posts)
Started By:
Date:
03 April, 2017 02:34PM
Ex looking to revise order
purplehayes - 03 April, 2017 02:34PM
HI and hope someone can help. My existing order states that I make payments on behalf of my children (I have 3) until they turn 18 or finish secondary education. My eldest finishes her A levels this summer. I have received a letter from my ex's solicitor advising that I should be aware that the court will "obviously" extend this as my daughter is hopefully heading to university in September so its better that I just agree to continue to pay maintenance on her behalf until she finishes all education. Can someone please advise if this really is a given ?

Also would appreciate advice on the impact of myself and my new partner have had a child and wondered if that could impact overall maintenance payments ?

Many thanks
Re: Ex looking to revise order
davidterry - 05 April, 2017 08:55AM
Oddly enough the answer to this to some extent depends upon which part of the country you live in. In the South of England it is certainly true that a court would probably quite readily extend child maintenance to cover a first degree course. In the North of England on the other hand a court is quite likely to stick to the 18 or end of secondary education.

Very much depends upon the overall context of the order. There may have been good reason why the end of secondary education was specified. Also, of course, there are student loans etc available which the child should be expected to use. If you do continue to pay you should make sure that what you pay is within the government child maintenance formula. You should not pay in excess of that going forward regardless of what amount the existing order specifies.
Re: Ex looking to revise order
purplehayes - 05 April, 2017 12:46PM
Thank you very much for the response David.

I have a term order (divorce May 2013) (wifes age at divorce was 38) and have 3 children (18,16,12) of which each specifically allocated £1,500 per month plus spousal maintenance. I will absolutely contribute to my kids further education and my son is happy to obtain the relative loans for the course and accommodation, it just seems unreasonable that my ex would continue to receive the this sum as he would have accommodation for 40 weeks per year and would also have the option to live with me in the school holidays. It was also clear in the original 3 day hearing that the Judge expected my ex to look be self sufficient by the time the term (effectively 11 years) ends.

If we were to go back to court and financial disclosure determined that my ex was saving a substantial part of the maintenance would this also have an impact on the decision as she would be receiving monies in excess of her needs ? My financial position is no worse but I now have another dependant. Oh and I do live in the South.
Re: Ex looking to revise order
jill_of_all_trades - 05 April, 2017 04:32PM
Work out the sums and pay directly to your son when he becomes 18. If he comes home during vacations whichever parent he stays with can ask for a contribution to the household costs or let it go.
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