I bet Gerry wished he hadn't asked!

I should clarify under CA1989 only over 18s of separated parents may apply.

Thanks for everyones input. With the best will in the world or a lottery win I wont be supporting my little cherubs into their 40's. Up until their first degree is more realistic to my mind. The point behind my question was really relating to how long I must continue to be responsible for keeping up child my voluntary support payments to my ex and indeed how long I will have to wait before I can actively seek my half of the MH in the courts. Clearly my ex can claim that the MH is required to remain with her whilst my youngest is in full time education which is fair enough.
But wedding bells are on the horizon for her during the next year and her new partner will be living at the MH with her.
Presumably the older two children are out of the equation as they are not resident at the MH and are directly supported by me. So it boils down to the youngest and his education timescale.
My thoughts were that now he is past age 18 I could pay him direct and allow him to sort out any rent/food arrangements with his mother with the monies he gets from me.
That would then leave the matter of the MH which (bearing in mind the forthcoming marriage) should be just a formality. But any advice re that situation (ie me paying for him to live in a house that I am paying for) would be appreciated.
Looks like I will have to wait one more year for that to happen though. My youngest will then be 19, have finished his course and working by then and ready to go out into the big wide world and fend for himself. (Sniff Sniff)
Many thanks again to all.
Gerry

Hi all

First post on here as my divorce was done and dusted years ago.or so I thought!

I got divorced 6 years ago and basically walked away from everything as I wanted to give my son the best chance. I set up a court order which was to be paid till my son and I quote "reaches 17 or ceases full time secondary education". My son stayed on at College and left in June this year.I had a phone call from the legal department at the court that said that due to the wording of my order, I do not have to pay anymore payments after June 08. He is 19 tomorrow. He is going on to do a Foundation degree in media at a university and is going to live there.The course will last at least 2 years or possibly 3 if he stays on to top it up to a full degree.

I have just received a court date as my Ex wife wants me to carry on paying her maintenance! I cant believe it. Can she do this? She lives in her BF house which is all paid for and she has the house that we lived in, which she rents out. I think that she now wants to move in to the house as him and her are having problems, according to my son.

JOHN

I am in the situation on the other side, this topic has been discussed elsewhere.

I think that the question of child support during tertiary education is another one of those moments that crop up after you think everything is done and dusted.

I have a court order (2001) for 4 children and now we are doing it all over again as they are at an age where decisions need to be made re finances. Surprisingly! X not to keen to support the kids thru the courts but He has no contact with 3 of them so I have no guaurentee that he will support them.

Interested to see Fiona's comment that if there is an existing order kids cannot apply under the childrens act will try and remember that one when go to final hearing (self rep)

If parents had not divorced they would be supporting their kids thru uni together so the surely this should be the case in divorce.

I am not suggesting that this responsibility should fall entirely on the NRP but when my first child goes to uni I still have 3 at home to look after .

Fiona wrote:
PS It is common that orders under the Matrimonial Causes Act 1973 for child/ over 18s maintenance to be paid to the parent with whom the child usually lives for the benefit of the child.

But with if the "child" is not living at home and is in digs at Uni?

JOHN

"I have just received a court date as my Ex wife wants me to carry on paying her maintenance! I cant believe it. Can she do this?"

Simple answer is, yes, if the maintenance is for the benefit of the 'child.' But there are costs involved so it's usually in everyone's interest to negotiate an agreement.


"But with if the "child" is not living at home and is in digs at Uni?"

Do students live in digs? Ours both just paid rent for two year but never really moved out.

The "child" is 19. At his age I was married to his mother. I cant see how this is right.

He will definitely be living in digs. The university is 60 miles away and he has a house share.He will only be coming home at the end of term. He has applied for a student loan and intends on working 15 hours a week. I cant see how the X will need my money to support him as he will be supporting himself.Is it a case that I will have to give her 15% of my wages as I have done for the last 7 years or the "the costs are ???? so I want ???".

I also can not see how I have a court order which clearly states that I finish paying for him when he completes full time secondary education and the order says that either party has no more claim on the other.He has finished full time secondary education and is now going to higher education.So how is it legal for her to take out another court order just because she feels like it?The court order says that she had the vast majority of the house sale. Can I now make a claim from her and say that I want some of it. I dont think so?



JOHN