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International Situation - Unusual One
#1
Hi Everyone,

I am new here but am seeking advice or experienced knowledge to assist in my situation.  It's a tricky one!

I divorced in 2005.  I have 2 children (3 now). A court order was established at that time (Reading UK).  I emigrated to Australia in 2006 and am now an Australian citizen (also British).  I have paid child maintenance since that time based on CSA formula. 

My ex (Russian) has now remarried (Frenchman) and relocated to France, new family, life's good, etc.  

My boys are now 19 and 17 respectively.  Both want to go to Uni.  19 is in year on of a 4 year course.  Court Order from 2005 states I must pay whilst child in full time education.  Recently boys have treated me like crap and have basically been poisoned against me, leaving me hurt and disappointed.  

I'd like to know what my options are.  My preference is to cut the eldest off (due to poor attitude, etc.) but at the very least place finances into trust and the 17 YO until he leaves year 12 and graduates.  

I'm aware of Hague Convention, rights and legal obligations across international borders, etc. but I feel like I've been spat in the face and I'm still legally obliges to pay for an adult who has left home, studying.  At what point does the law state a child is a man and has the legal choice to make their own decisions?  After all there are student loan arrangements.

I'm really at a loss over this one so if anyone can assist or share I'd really appreciate it.  

Fiery.
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#2
(08-15-2016, 11:15 PM)fierysport Wrote: Hi Everyone,

I am new here but am seeking advice or experienced knowledge to assist in my situation.  It's a tricky one!

I divorced in 2005.  I have 2 children (3 now). A court order was established at that time (Reading UK).  I emigrated to Australia in 2006 and am now an Australian citizen (also British).  I have paid child maintenance since that time based on CSA formula. 

My ex (Russian) has now remarried (Frenchman) and relocated to France, new family, life's good, etc.  

My boys are now 19 and 17 respectively.  Both want to go to Uni.  19 is in year on of a 4 year course.  Court Order from 2005 states I must pay whilst child in full time education.  Recently boys have treated me like crap and have basically been poisoned against me, leaving me hurt and disappointed.  

I'd like to know what my options are.  My preference is to cut the eldest off (due to poor attitude, etc.) but at the very least place finances into trust and the 17 YO until he leaves year 12 and graduates.  

I'm aware of Hague Convention, rights and legal obligations across international borders, etc. but I feel like I've been spat in the face and I'm still legally obliges to pay for an adult who has left home, studying.  At what point does the law state a child is a man and has the legal choice to make their own decisions?  After all there are student loan arrangements.

I'm really at a loss over this one so if anyone can assist or share I'd really appreciate it.  

Fiery.

Your right about this situation, and I am going to put my thoughts on this, but I must stress I am not a Solicitor, and you need to check this out with one, or do your own checks on it, before acting on it.

Things have moved on since 2005 with how its decided when Child Support ends. Under current rules, its when Child Benefit is in payment. Child Benefit ends the summer after 16th birthday, but the person claiming it gets invited to apply for "Education Run On".  It is granted until

1, the young person is no longer in "Approved" education of at least 12 hours a week in term time (Approved defined on dot gov website) (it remains if there is a change of approved course and its only a short break, for example school half terms or summer holiday).
2, the young person starts to work 24 hour or more in term time.
3, the young person moves out and makes a benefit claim in their own right
4, the summer after the 19th birthday.

Child Benefit if you have PR need to tell you if a child still exists, but you might have to write to them, and show them evidence of you having PR or paying Child Support.

My view is if no UK Child Benefit claim exists, your in the clear. Its also my view that the UK is no longer the authority court in this, and that might be the basis to "Stay" the order, as all party's no longer reside in the UK.  By just not paying, you might be in contempt of court in the UK, I am sure you need to Formally  end the Order before you stop payments.

However, that might then make France Law kick in, so you need an expert opinion on their Child Support System. I have no idea if the Authority's in Australia would enforce a Judgement made in France.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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