Court Order re maintenance

ninab_2

Advice needed....please.

My son is 18 in Sept and off to uni in sept too. I have a court in place that dates back to 1990's which orders maintenance to be paid until he reaches 17 or leaves full time education which ever is the latter.

My ex states that his legal obligation ends when he reaches 18 & when he finshes A levels.

I offered him the opportuntiy to pay less directly to my son from sept but we cannot agree on a figure, he wants to pay less than half from the original court order in place currently,which i have refused.

He states he cannot afford to pay more than he has offered and has gone without so much over the years to keep to his maintenance order. We have always battled over finance's where the children are concerned, he thinks he's financing my lifestyle and forgets how much it costs to bring children up. He says my son should stand on his own two feet now and get a job to finance his studies and should learn to live life the hard way like he did.

Where do i stand, do i have to take it back to court as soon as he stops paying and do i have a case?

Soubrette

Does the court order state 'full time education' or 'tertiary education' or some other phrase?

I think we would need to know the exact phrase to offer meaningful advice.

If the phrase is indeed 'full time education' then that looks to be up to and including A levels. http://www.csa.gov.uk/en/case/leaving-education.asp according to the CSA. Whether a court would view it differently I do not know.

My personal opinion is that many parents with care do not support their children financially when they are at university, for a variety of reasons, so if my ex was willing to pay an allowance, I would consider that a reasonable gesture. I suppose in your position I would probably feel it was up to my child and my ex to discuss things between them.

Sou

Soubrette

Here's an interesting thread where the position is discussed in some detail:

http://www.divorce-online.co.uk/forum/toast.asp?sub=show&action=posts&fid=9&tid=5691

It seems to imply that in the opinion of the posters, in England and Wales payments until the end of full time education will stop after A levels or equivalent but in Scotland it may be different.

The thread is some 5 years old though so obviously the legal postion may have changed, even if the posters are correct in their assessments.

The area is grey enough it seems, that it may be worth paying for a family law solicitors advice.

Sou

Glpark01

I wouldn't expect my ex to pay for my son to get through uni, hes 18 and can get a job whilst studying and stand on his own feet tbh. When i got to 18 i had to pay my own rent, food etc.

System

More updated response at https://forums.moneysavingexpert.com/discussion/2026013 confirming uni is not full time education.

ninab_2

The court order states maintenance to cease once reaches the age of 17 or ceases full time education whichever is latter.
I have spoken to a couple of solicitors today and they state that uni is classed as full time education so it looks like we will be going back to court. I only want what he is entitled to. The father has kicked and screamed throughout my sons life regarding his responsablilties.

shell_542

For arguments sake, if it went to court and they referred it to the CSA to organise child support, then your ex's obligation would cease in September. University is not full time education for CSA purposes and it seems the wording in your court order isn't clear enough.

I'm another of the opinion that support from parents through uni should be voluntary. I got a part time job and supported myself.

System

I would argue that 'full time education' only applies to secondary education and not tertiary.

If it included tertiary it is quite possible to still be paying maintenance when the 'child' is in his 30s if he can somehow go from one degree course to another.

Soubrette

ninab wrote: »

The court order states maintenance to cease once reaches the age of 17 or ceases full time education whichever is latter.
I have spoken to a couple of solicitors today and they state that uni is classed as full time education so it looks like we will be going back to court. I only want what he is entitled to. The father has kicked and screamed throughout my sons life regarding his responsablilties.

If you feel that it is the right thing to do then your only option is to go to court. Despite what the solicitors have told you it seems this is a grey area and you might lose, your son may well lose the direct allowance that his father has said he will pay.

As in most things in life it is a gamble - it may well be that the threat of court will bring your son's Dad into agreement with you.

In short your actions may improve your son's allowance or cause it to disappear altogether, only you can decide what to do in your position.

This question does come up a lot though so it would be very kind of you if you kept us updated for the benefit of others.

Sou

Kyresa

I think the assumption is that at 18 a child is classed as an adult, no one has "parental responsibility" for a child once they are 18.

I think you are unlikely to get an award in your favour for maintenance once your child has hit 18 (and finished A levels).

You need to weigh up the argument that the court will say your Ex has to pay nothing now your child is 18 - then you'd be worse off than if you accepted half!!

Soubrette

Glpark01 wrote: »

I wouldn't expect my ex to pay for my son to get through uni, hes 18 and can get a job whilst studying and stand on his own feet tbh. When i got to 18 i had to pay my own rent, food etc.

Although I personally do agree with what you are saying, it is also a fact that many parents do support their children at university either directly or by sending food parcels, filling up the car, paying for insurance, supporting them in the hols and probably lots of other indirect ways.

I have to admit that I would think less of my ex as a parent if he chose to do none of these things unless there was a very good reason for it (genuine lack of money/space etc).

Sou