Cort Order ChildMaintenance at 18

[Hpg]

Hi all, I have a Court Order from 2013 which states I stop paying child maintenance when

"until they shall each reach the age of 18 or
cease full-time secondary education, whichever happens sooner.".

My son wants to attend a Techical College 3 weeks b4 he turns 18. Do I stop paying my ex on the date of his birthday?? When he turns 18, I will fund him, but not her, if I am correct.
Do CMS abide by such Orders?

Thanks for your knowledge or expertise.

Herbie

 

[Ash]

Was this a court order for divorce financials? Normally they only last for a year and after that you go by CMS rules. But it does sound quite specific until 18. If it was via CMS it would be until they finish education but I think no later than age 20 (I'll have to check). If he's attending technical college then that is education so you'd probably be expected to pay ex.

 

[Hpg]

Was this a court order for divorce financials? Normally they only last for a year and after that you go by CMS rules. But it does sound quite specific until 18. If it was via CMS it would be until they finish education but I think no later than age 20 (I'll have to check). If he's attending technical college then that is education so you'd probably be expected to pay ex.

This was for Final Acillary relief. It allowed for CMS involvement after 1 year - but specifically states as I already quoted post 18 no more payments. This was signed off Nov 15th 2013, the rules regarding staying in education to 18 changed in 2014 as far as I am aware. Can it be applied retrospectively? Can my Court Order be overturned, defeats the purpose of a Court Order if it can...?

 

[MagicJ]

The closest I could find was this,

Can a Judge Change a Consent Order? - Find The UK's Best Divorce Solicitors - Wiselaw

Consent orders can only be changed in limited circumstances, such as fraud or misrepresentation. Find out more...

www.wiselaw.co.uk

It basically seems to suggest that even a Judge cannot alter an order once it has been sealed, it would need both parties to agree setting it aside and then sending in a new consent order for sealing.

This feels like you need to find a financial CMS specialist Solicitor to a free half hour or maybe pay a barrister for very specific advice to be certain

 

[Hpg]

The closest I could find was this,

Can a Judge Change a Consent Order? - Find The UK's Best Divorce Solicitors - Wiselaw

Consent orders can only be changed in limited circumstances, such as fraud or misrepresentation. Find out more...

www.wiselaw.co.uk

It basically seems to suggest that even a Judge cannot alter an order once it has been sealed, it would need both parties to agree setting it aside and then sending in a new consent order for sealing.

This feels like you need to find a financial CMS specialist Solicitor to a free half hour or maybe pay a barrister for very specific advice to be certain

Thank you - any CMS specialist's out there, with a free half hour to spare?

 

[MagicJ]

Thank you - any CMS specialist's out there, with a free half hour to spare?

If you google solicitor or barristers in your city or town you can check their case specialisms before getting in touch.

Also try the Legal 500 website which ranks top practices by specialising area and geography