The custody agreement did state that the mother had to continue paying maintenance until the children are self sufficient. She has obviously ignored this. This was a High Court ruling. Just because he had turned 18 surely does not mean that she can decide on her own whether or not to continue to pay the maintenance. This ruling should still stand, should it not?
--> Of course it stands, but you will now need to enforce the Judgment. You might need to prove that she is not yet self-sufficient, and still relies on the parents, therefore the mother still needs to contribute. That's your best option.
We are fighting the increase of the maintenance and providing the court with more then sufficient documentation to prove my husband has been looking for work.
--> Excellent, the documentary proof is key!
I don't understand how she can disrupt his life by moving him to another school - but my husband has absolutely no say. And then to top it all we are liable for all costs for this move and just have to pay with absolutely no input?
I have been paying the maintenance on behalf of my husband, we are married Out of Community of Property with Accrual. So I am paying her at this point purely out of good faith and for the sake of my husband.
--> If there is no legal obligation on your behalf to pay the maintenance, then you should reduce it and so the mother will return the child to the previous school that she can afford.
We just feel that we are being targeted the whole time and never have a case, because he is the father of the child. Surely somewhere along the line the mother will also have to start taking responsibility for her actions? I just have to keep paying and there is absolutely nothing we can do to her for not contributing towards maintenance for her son currently living with us.
--> Why don't you set the one maintenance off against the other. One son living with you, the other with her. The net effect will therefore be that nobody pays maintenance.
Surely the law does not work just one way?
--> If she wants to claim maintenance, then she will need to prove that she needs maintenance, and that the father is legally obliged to provide her with maintenance. If she can't prove this, then she has a problem.
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