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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33307
Experience:  25 years experience of all aspects of family law
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UK Family Law. My child is 18 and I would like to get the

Customer Question

UK Family Law. My child is 18 and I would like to get the court order for maintenance changed so that I can pay her directly whilst she is at University. I have an Attachment of Earnings Order for both maintenance and Arrears (The latter finishes in November 2011). How easy would it be for a court to change the original consent order and favour paying adult children directly
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Clare replied 5 years ago.
Hi
When was the order made and when does the order end
Claire
Customer: replied 5 years ago.

 

Hello Clare. the Original order was made

23rd January 2006 . Clause 3 discusses the maintenance which should be paid in relation to children age up to the age of 18 and over if in full time (tertiary) education.

The Order was originally made for three children; 2 oldest have exceeded the age and now left the university education. It is the last child who intends to go to university next month.

Therefore I believe that the order is still "active" because no absolute end date is stated. It could either end now as she is aged 18 or three years from now, - June 2014

The Attachment to Earnings order was made for arrears of 2 children and the payments for arrears element finish November 2011. The ongoing maintenance is also in the attachment to earnings order in favour of the mother, who mis-manages her financial affairs.

I hope this answers your questions.

Thanks

Kind Regards

 

Jayne

Expert:  Clare replied 5 years ago.
Hi
The order clearly ends when the youngest child has finished University.
Is she staying at home or living in halls?
Claire
Customer: replied 5 years ago.

H Caire,

We don't know that - We have been unable to gain any information regarding course, uni or any other arrangements - not of want for trying. Does this matter?

As an aside we have been unable to gain any confirmation or evidence that she is indeed going to Uni - therefore the order may have finished already

Regards

 

Jayne

Expert:  Clare replied 5 years ago.
Hi
Without support from the adult child it is unlikely that the court will agree to vary the order to make the payment payable to the child rather than the mother especially where there has been a past history of arrears.
Clearly however you are entitled to know that the payment is still due - so it may be worth sending a formal letter asking for proof that the money is still payable - and saying that in the absence of such evidence you will assume that it is not - and suggesting that payment is made direct to enable your daughter top manage her finances accordingly
Claire
Clare and 2 other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.

It is only hearsay that the youngest is going to University. Coulld a family law judge order the Mother to provide regular evidence of attendance at a university studying a qualifying course - Termly?

Expert:  Clare replied 5 years ago.

Hi

Not termly no - but evidence each september would not be unreasonable

Claire

Clare and 2 other UK Family Law Specialists are ready to help you

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