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Hi, hoping someone can give me some advise. I know live in England and am 're married with a 3 year old. I paid maintenance to my ex up to September last year for my 17 year old daughter who finished her highers in the summer and started a HNC. I got advise from the csa saying I didn't need to pay anymore as she is studying higher than level 4 which is a level or equivalent. I have just received a letter from a solicitor in Scotland asking me to reinstate the maintenance and pay the arrears. I just don't understand why I have to and would financially struggle to do this with a young toddler, mortgage and only one income. Any help would be much appreciated.
Thanks
Mark
Read very carefully the letter you have been sent. Break it down sentence by sentence - understand each sentence on its own and then with the sentences next to each other.
In your own words above you say "asking me to reinstate".
If the letter does not detail any law/regulation etc then it may just be what you have described it as - a request.
Legally Child Maintenance ends when child is 20 or starts higher education - as far as I can tell it is the same in Scotland as in England with regards to those parts of the law.
Your financial relationship and agreement was/is with the CSA - that is where/why your instruction to pay existed and what you have followed.
If the letter does not detail any reasons why you should reinstate payments, or list any regulation/law, or list any further actions they intend to take then I would probably just push back to them - send them a letter and simply say "Why?". Do not "agree to pay" or "refuse to pay" - just simply indicate that "my understanding of the law ( see gov.uk/xxxxxxx, and the letter from the CSA instructing me to stop paying ( see attached ) means that I am not legally required to pay anymore" and then ask them for more info/details/next-courses-of-action/facts/etc.
It could all be the equivalent of someone chancing their luck. It may also maybe a "delicate" situation - something like it was assumed the payments would continue to age 20 and your daughter or ex financially planned including those payments - and now they have stopped. e.g. maybe it was being used to fund travel to her course, or accomodation at university or something - and your payments stopping has left them in a bind.
Hi,
Thanks for the reply, I very much appreciate it.
I have attached the letter I have received.
Regards
Mark
I agree. The only way you can be forced to pay are either by CSA/CMS or a court order. If you have paid on time, then there should be no arrears so they are trying their luck. I would ask CSA to confirm in writing that the case with them is closed and that you are no longer liable for child maintenance.
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