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I am divorced with my daughter living with my ex wife. I see…

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I am divorced with my...
I am divorced with my daughter living with my ex wife. I see my daughter regularly and have paid maintenance monthly to my ex-wife for the last 16 years - since we separated. My daughter will shortly finish her A levels and hopefully get the necessary grades to get into University. She will leave that home and move to her new residence at the University. I am committed to continue paying towards my daughter during this time but would like to know when I can stop making payments to my ex-wife and pay the money direct to my daughter? Thank you for any advice you can provide.
Submitted: 8 years ago.Category: UK Law
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Answered in 57 minutes by:
6/19/2010
Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,303
Experience: family solictor with 25 years experience
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hi

do you pay voluntarily, via the csa or under a court order

claire

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Customer reply replied 8 years ago
Hi Claire, I had an original court order in place (£100) when we first separated, but have basically paid 15% of my net monthly for the last 14 years. BR Dave
Solicitor: Clare, Solicitor replied 8 years ago

hi

and when does the order state that maintenance should cease

claire

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Customer reply replied 8 years ago

Hi Claire,

 

The consent order states:

 

"The respondent do pay to the petitioner from the 25th day of august 1996 for the child of the family, (name/DOB), periodical payments at the rate of £100 per calendar month, payable in advance, until the child is 17 years or ceases full-time education, whichever be sooner"

 

Regards, Dave

Solicitor: Clare, Solicitor replied 8 years ago

hi

do you recall if there was any consideration at the time of university etc

claire

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Customer reply replied 8 years ago
It was not discussed; my intent is to pay for my daughters Uni fees and accommodation; this is not written anywhere - I believe it is my responsibility as her father to support her further education. My concern is that I want the money to go direct to the Uni and accommodation - not my ex wife.
Solicitor: Clare, Solicitor replied 8 years ago

hi

"full time education" is a bit of a grey area i am afraid

in general terms it means the end of secondary education - but it could be (and has been) argued that it includes university education

however if you are intending to fund your daughter directly then you could finish paying her mother in september and start paying your daughter directly thereafter

claire

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Customer reply replied 8 years ago
Hi, I was hoping for something more concrete, your response pretty much sits on the fence and doe not help me with a clear steer. I will go back to my original solicitor and take the matter up direct with them.
Solicitor: Clare, Solicitor replied 8 years ago

hi

i would give you a clear steer if i could but sadly there is not one i can give as the case law is ambivalent

the order does not make clear if it means secondary or tertiary education - i would say that that means it is the end of secondary education but i have colleagues who would argue the opposite

given the fact that you wish to pay directly in any event in the unlikely event of your ex risking a court application then i have no doubt that you will be successful

claire

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