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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33294
Experience:  25 years experience of all aspects of family law
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I am currently paying monthly maintenance to my ex wife son

Customer Question

I am currently paying monthly maintenance to my ex wife for my son who lives with her under a court consent order (2004). My son will be 19 in Jan of next year and will finish Alevels in july 2016 ( spent a year doing apprenticeship). My son hates living with my ex because she has a drink problem and spends his maintenance on wine and he has now finally moved in with me permanently with the intention to only visit his mum occasionally. My wife thus has no more expenses. Can I cease paying her as I would otherwise carry the expensess twice?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you

If your son now lives with you then ChildMaintenance is no longer payable BY you - but you could claim it from your ex!

Clare

Customer: replied 1 year ago.
I will NOT be in breach with the court order which states i pay maintenance to my ex for the benefit of my son till the latter of 18 or end of secundary education? Rational is a suoerseeding event , ie my son living with me?
Expert:  Clare replied 1 year ago.

Correct - if your ex decides to try and enforce it she will face a costs order for sheer foolishness!

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