Welcome to the DAD.Info forum: Important Information β open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you β or someone you know β are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Background:
I had a terrible divorce including an expensive child maintenance order issued from the court. The child maintenance order was to end when the child leaves full time education or is 18, whichever is the later.
I have 3 children. The first 2 left school and I paid child maintenance for them after they were 18 and for the month that they completed their final exam ie maintenance payments in June. This was as advised by my lawyer.
My last child is now 18 and finishes his exams this June. I had planned to stop payments as I had previously after June ie after the final exam.
Both of my other children went to University and my last child plans to do the same.
Issue:
My ex-wife has seen something on the internet that infers that she should receive money across the summer holidays ie including July and August and is demanding that I 1) pay for the last child to August 31st and 2) pay her retrospectively for the 2 other children for July and August.
Prior to spending a lot of money with lawyers reclarifying this point, please can anyone advise me based on experience.
My understanding is that there is a difference between a Court Order which ends at 18 or last exam Vs a CMS agreement which lasts until August 31st.
Any help - much appreciated.
Thank you
I have 3 children
Just my thoughts on this matter... As court orders can make different calculations on amounts and place conditions in an order that differ from the CMS rules, I would say that the two canβt be used together as a pick and mix.
Perhaps a compromise would be to agree to pay the extra two months for the third child, but not the retrospective payments for the other two children.
Best of luck
Thank you for this.
Is there not a formal definition of when a child finishes full time secondary education as issued within a court order (ie outside of the normal CMS)? My lawyers understanding on the issue of the court order was last exam (or 18) whichever was the later.
Unfortunately no, the only formal definition that exists is the CMS. The court have no such remit and will determine the conditions within an order based on the specific case.
Civil courts are much more fluid and are largely controlled by the sitting judge, so their own personal opinions and views will be reflected in what orders they make, they can vary wildly from case to case.
If she disagrees with your lawyers definition, it would be up to her to make an application to court to challenge it, thatβs why I suggested a compromise position, if she makes an application you position will be viewed more favourably, as offering a reasonable solution.
This is just my opinion... Iβm not legally trained. π
Welcome to the DAD.info forum.
We donβt like to set βrulesβ, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.