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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28143
Experience:  25 years experience of all aspects of family law
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a judge made a consent order in 2000. it reads i should pay

Customer Question

a judge made a consent order in 2000. it reads i should pay the petitioneruntil she shall attain the age of 17 or cease full time education.
she has left college in june and is 18 in two weeks, she has been offered a conditional place at university but at the moment is in full time employment.
the ex wife has got me back into court on the 15th july to argue i should still pay.
i have a written agreement with my daughter that i will pay her direct when she leaves for uni.
will the court make me pay the ex even if shes not living there?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question I shall do my best to assist you.
Since the words are "full time education" - rather than "full time secondary education" or "full time Tertiary education" then there is room for the court to make a decision either way
There is case law which supports both possibilities - but unless your ex can show that there was a clear understanding at the time that it would include University education then the fact that you a
have already reached an agreement directly with your child makes it unlikely that the court will continue the order.
I hope that this is of assistance - please ask if you need further information
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28143
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

sorry i didnt get back to you sooner.


thanks for the answer it its very helpfull.


my daughter has left college in june and is working full time at the moment.


I have written to the court telling them this and provided evidence to back this up. but they have issued me with a summons for non payment.


will they make me continue to pay even though shes not at college at the moment. she has got a conditional place at university?

Expert:  Clare replied 1 year ago.
Hi
When did you stop payment?
Claire
Customer: replied 1 year ago.

on the sixth of June. She finished on the third.

Expert:  Clare replied 1 year ago.
Hi
When did her school term end?
Claire
Customer: replied 1 year ago.

 


I just presumed that it was when she finished.


She is a nurse cadet and has completed the course to a standard to get into university.


Nobody has ever shown me any paper work at all.


 


Are there set terms usualy?

Expert:  Clare replied 1 year ago.
Hi
What schoool/college was she attending - have you phoned and asked when the term ends?
Claire
Customer: replied 1 year ago.


thanks sooooooooo muuuuuuch.


i have had it confirmed this afternoon.


 


thanks again for your help.


 

Expert:  Clare replied 1 year ago.
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