Hi, I wondered if anyone could give me some advise on Child Maintenance.
I have been paying voluntary payments for the 10 years that I have been divorced every month without fail. Both my children are no longer in full time education. My eldest (20) in doing a part time uni course,and is currently on a gap year of work study fully paid, the youngest (nearly 18) is a trainee hairdresser. There was never a court order,and I don't begrudge paying maintenance. However when I approached by exw as both are working, she threatened to go after my pension (she is in a good paying job herself) if I didn't carry on paying. Now my youngest has the opportunity to get a car which my exw has taken a loan out for, to which I offered to pay half - but to stop maintenance payments to her and give a monthly allowance to both children. Well she wasn't happy and got my eldest to ring and scream down the phone and text message me with unpleasantries. I am tempted to give in as I don't want to lose my children, but I don't want to feel as I have to pay my kids to see me.
can anyone give me some advise as to where I stand?

bulldog,

im not an expert on child maintenance but my 'rough' understanding is ...

The mother would not be able to claim against you for the 20 year old due to his age. He may be able to make a claim against you but it would depend on the nbr of hours he did on his course each week (ie is it regarded as full or part time).

The 17 year old training as a hair dresser ...not sure on that one.

If i were you i would visit the child maintenace section on Wiki and give the CMEC people a call - its free and they know their stuff.

http://www.wikivorce.com/divorce/Child-Maintenance-Options.html

I would stay anonymous on the call just to get the info you need.

Again im no expert but i reckon that your legal obligation to child maintenance has ended for both children.

The CMEC site says eligibility is ­base­d on...
"A parent with care of a child aged under 16, or a child aged under 19 (and in some cases 20) in full-time education."


On the other hand....unless you got a consent order or a court order to finalise your financial agreement after the divorce....you are still open to your ex coming after your pension and other assets.

the only paperwork I have is the decree from the court, it was dealt with through the postal service.would copies of the paperwork be available for inspection from the local authority?

my exw is now also saying that I have not paid her enough and will take me to court to make me pay any underpayment from the last 10 years? she was happy enough accepting my money prior to this!

A court can't award maintenance retrospectively but maintenance for over 18s can be awarded under s29 Matrimonial Causes Act 1983 if ;-

"the child is, or will be, or if an order were made without complying with either or both of those provisions would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment;"

The Decree is just the confirmation that you got divorced.

That is totally separate from sorting out a financial settlement.

So unless you have a Consent Order or a Court Order detailing exactly how the marital assets are to be divided then she can still make a claim.