The hearing on 26 April 2024
The hearing on 26 April 2024.
The adjourned hearing took place on 26 April 2024 and was again a remote hearing attended by both parties who were self-representing. In preparation for this hearing the respondent had prepared a statement dated 23 February 2024 which was in the court bundle at first instance. Within that statement she set out her current means and needs.
I have the transcript of the whole of that hearing. The hearing begins with HHJ Oliver querying why the appellant has not made the application anticipated and directed at the last hearing. At page 102 of the bundle before me the appellant explained that he was now well and had returned to work. What he wanted to do was pay the arrears off and then pay the order on a continuing basis. At that point HHJ Oliver stated this: well what you need to pay is £980 a month or thereabouts and that needs to start probably next week, starting at the end of April ... plus you need to pay arrears and you continue your child support for your daughter until the end of August 2028. In response the appellant stated I don't do that no- I haven't- there no application for that. It comes to an end this year, 2024. At page 103 of the bundle before me, there is then an exchange between HHJ Oliver and the appellant which is relevant to this appeal:
JUDGE OLIVER: No, but I am extending it. If she is in higher education I can extend it.
APPELLANT: But there’s no, there’s no application to do that.
JUDGE OLIVER: There was.
APPELLANT: So, I’ve got to pay longer again, what for another four years?
JUDGE OLIVER: Well, yes.
APPELLANT: Well, that can’t be right, it can’t be right.
JUDGE OLIVER: Well, it is quite appropriate for children or young adults in tertiary education to be supported and you may think – well when I was in practice and now as a judge, I make orders that last until they cease full time tertiary education.
It is clear from the transcript that the appellant objected on the grounds that there had been no application to extend the order by respondent to which the learned judge responded, “there was”. That is a reference to the issue which was raised on the face of the skeleton argument the respondent had submitted for the hearing on 24 January 2024. The reasons given by the learned judge for extending the child maintenance were that the child was in tertiary education and that it was important for children and young adults to be supported in tertiary education.
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