[Solved] Threatened with court action over direct payments

Hi there,

You're probably aware of this information but here is a link explaining when liability ends

https://www.gov.uk/when-child-maintenance-payments-stop

She could try to bring a case against you in the Family Court, the success of which cannot be predicted as ultimately it would be a decision for a judge to make.

May I ask if you are in Scotland?

If she takes it to court then I think they may look at her income and financial situation and you could argue that you are working within the statutory guideline provided. By the CSA concerning when payments should stop.

You say that your direct payments were court ordered, did it specify at what age you should stop paying?

I wouldn't imagine that an amount agreed in court could be challenged later, if she was unhappy with the payment she could have opened a case with the CSA after the court order had been in place for 12months, or taken it back to court to get it increased...she did neither so I don't feel she would get much sympathy from the court if she took it back....just my opinion.

Hi thanks for your comments, not in Scotland, no age when to stop, and no she has never asked for an increase in payments over the years, the point is that I want my child to understand the value of money, and not just me paying for him and his social life, if he wants things as an young adult he has to go out and work for it as I did when I was 16, and still do now just life lessons really. I didn't expect the mothers reaction to threaten me !

Hello Aaranz

If the court arrangement you have in place is a Consent Order, you may wish to see what is stipulated within your agreement as to where you stand regarding when your payments would end. Alternatively, you may want to seek legal advice regarding this.

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.

For further information on when maintenance ends and what courses are classed as full-time non-advanced education, you may find the following link useful https://www.gov.uk/when-child-maintenance-payments-stop.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

Thanks William
The links indicate that's because the child is at university payment cease. But what I would like to know is if a court would rule a judgment in favour of the mother to continue payments until he finished for his continued support ?
Thanks

... As William advises, it's probably best to try and get a solicitors take on this. I guess there isn't anything stopping her from taking you to court for an extension of the original court order but its impossible to,forecast what the outcome would be.

You could perhaps respond to her by saying that under child legislation, payments cease once a child enters advanced education ie University and as there is no reference to the age or educational circumstances in the original court order you think it is fair to be ruled by the existing child support legislation.

You could offer to make direct payments to your son to support him through University if he moves into halls or student accommodation and stress your opinion that if he remains at home then it would be to his benefit to find part time work as other students do....it's all part of life's rich tapestry.

You could find a solicitor that offers a free initial consultation, or contact the CAB and they may be able to advise you on the legalities.

It could be that she is calling your bluff on this in the hope that you will tow the line.

Thanks mojo point taken, will try to get a free consultation with a family law solicitor

I would get the solicitor advice if you can, and possibly be creative in your suggestions as to maintenance directly to him - I was thinking along the lines of for every £2 he earns, you will give him £1 (up to a maximum of course) - that way he'll learn the value of earning his own money. You could suggest your ex does the same even. It also might look better if your ex does take it back to court.

Hello Aaranz

As I mentioned you may wish to seek further legal advice as to where you stand regarding this, as we are not legally trained.

Regards

William