Change to the Law 2013 - Compulsary payments till the child is 18 now!

[goodatresearch]

She would have to take him to court, would she really do this?

 

The way I understand it is that it is to late for her vary the original order as its already expired. It would then be a new court action, would she do this? In any case if she does go to court and wins, as soon as he turns 18 you could

apply to the court to vary the order so its paid directly to him and not the ex.

[Myfamily]

Hi Good

 

Thanks for replying, I'm really trying to establish at what age he SHOULD be paying till, if that makes sense? As I said the orignal agreement was to 16, she is the type that would take him to court, she's very hard! she never needed to go through all this when they got divorced because my husband has always been there and never even dreamt of not being there for his son, even when she made it so hard (constantly saying times were inconcenient, not letting my husband take him away on holiday, not letting him see him on xmas day, the list goes on!!) He would always have paid maintenance for him, no question.

 

My husband pays weekly on a sunday and each week she revels in asking him when he's giving her money, it's the first thing she says when he calls to talk to his son on firdya or saturday, even thought she knows he's going always pays it to her on sunday - she just enjoys it! Myself and my husband are just sick of feeling like it's a debt that she's chasing!!

 

We need to know what the legal age is, so anything after that is by my husbands choice and given direct to his son not her!.

 

Hope this makes a bit of sense!

[goodatresearch]

OK, it used to be 16 as this is the age they can legally leave school and work. This had now been raised to 18. After 18 it depends on what they are doing. If they continue education of not a higher level than A level or equivalent for at least 12 hours per week, maintenance will be paid until age 20. Therefore if they don't continue education up to A level standard, then payments stop at 18 at the earliest.

 

Now as far as uni is concerned, the court does have the power to extend maintenance to cover their time at uni but they would look at the child's genuine needs and the non resident parents ability to pay.

 

I don't think this happens very often and as I said, as he will legally be an adult, there's nothing to stop your husband arguing that the payments shoul be made directly to his son. Most uni students work during their studies, so the court should take this into account as well as the exs own contributions. I think if this is pointed out to her it may take the wind out if her sails, so to speak.

 

I'm sure the ex knows that your husband would pay anyway and it sounds like she trying to extend payments because she likes the control she has over your husband.

[Myfamily]

Hi, Yes you've hit the nail on the head there, she loves that bit of control, and I am sick of it to be honest, we have been together since approx 6 months ater they split. but she lords it over us, constantly moaning that he doesn't pay engough, but it seems to be enough for her to only work part time, she could easily work full time as he's 17 but she chooses not too, instead moans that he doesn't pay enough and that she's so poor. Also tries to imply that as I work full time, my husband can pay more - the fact that I work has nothing to do with her! or should not have any affect on how much my husband pays, we have 2 children of our own to look after - I just really cant wait for her to be out of my life.

[goodatresearch]

I'm going to be cynical now. Higher education - so she will lose child tax benefit. Working Tax Credit - if she has no other children, then as a single person she would have to work at least 30 hours per week to claim. In any case wouldn't WTC reduce because there's less children/no children to account for?

 

Sounds to me that perhaps way of life is going to change and she's trying to cling on with her finger tips.

 

I'd be tempted to tell her to go to court and the court will look at both parties financial circumstances (you still have 2 children) and you will apply for any maintenance ordered to be paid directly to the child.

 

In the mean time carry on paying till he goes to uni and then pay the child direct. It will cost her to go to court and with evidence that your already paying a reasonable and affordable sum, there are likely to be court costs implications for her and she will just look very grasping.