Advice needed regarding child maintenance

[RajeshKumar]

Jurisdiction

United Kingdom

Hello all,

Happy New Year.

I got divorced a few years ago, and I have been paying the child maintenance for my 2 children since I left the home as per the court order.

Now my son turned 19 years old last month, and he is in University staying there and pursuing his studies. He is not staying in the family home as well.

Please refer the the court order extract for this clause, in which I have a question:


Child periodical payments order

1. By agreement between the parties the applicant shall upon vacating the family home pay to the respondent payments for benefit of the children of the family. Payments shall be at the rate of £XXX per calendar month per child, payable monthly by standing order. Payments shall start from the date that the applicant vacates the family home, and shall end on:
   
   
   1. each child respectively attaining the age of 18 years or ceasing their full-time secondary education, whichever shall be the later; or
      
      
   2. a further order.
      
2. The court may (prior to the expiry of the term or subsequently) order a longer period of payment. In the event of a CMS calculation being carried out, from the effective date of any CMS calculation, periodical payments made under this paragraph for the benefit of the children shall be received by the applicant on account of any sums falling due under the CMS calculation.
   

Question:
Should I have been stopped as soon as he went to university as the full-time secondary education had finished? If so, is there a legal way to compensate the extra amount which I have paid?
I am paying for my other child as she is still 15 years old, so thought I could adjust this amount for a few months.

I am planning to cancel the standing order from this month for my son anyway. Please advise me whether I need to do anything formally to do this.

Thanks in advance,
Rajesh

 

[justblue]

Hello all,

Happy New Year.

I got divorced a few years ago, and I have been paying the child maintenance for my 2 children since I left the home as per the court order.

Now my son turned 19 years old last month, and he is in University staying there and pursuing his studies. He is not staying in the family home as well.

Please refer the the court order extract for this clause, in which I have a question:


Child periodical payments order

1. By agreement between the parties the applicant shall upon vacating the family home pay to the respondent payments for benefit of the children of the family. Payments shall be at the rate of £XXX per calendar month per child, payable monthly by standing order. Payments shall start from the date that the applicant vacates the family home, and shall end on:
   
   1. each child respectively attaining the age of 18 years or ceasing their full-time secondary education, whichever shall be the later; or
      
      
   2. a further order.
2. The court may (prior to the expiry of the term or subsequently) order a longer period of payment. In the event of a CMS calculation being carried out, from the effective date of any CMS calculation, periodical payments made under this paragraph for the benefit of the children shall be received by the applicant on account of any sums falling due under the CMS calculation.

Question:
Should I have been stopped as soon as he went to university as the full-time secondary education had finished? If so, is there a legal way to compensate the extra amount which I have paid?
I am paying for my other child as she is still 15 years old, so thought I could adjust this amount for a few months.

I am planning to cancel the standing order from this month for my son anyway. Please advise me whether I need to do anything formally to do this.

Thanks in advance,
Rajesh

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[adjusterjack]

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