Should my Ex still be paying maintenance for my 18 year old son?

Swannette

Hello Everyone

I'm hoping there's someone out there who can help me fathom the wording in my divorce settlement?

Back in November 2003 there was a court order for my ex-husband to pay monthly maintenance for our two sons. My ex has paid each month up to and including the August payment. My eldest son turned 18 in March and finished 6th Form College this August, he is due to start at University on 13th September.

My ex has not paid his September payment so clearly he believes that he is no longer required to do so by law. However I disagree and think that maintenance should be paid until my son finishes hs university education. The court order wording is as follows:

***** payable on the first day of each month from the date of this Order until the first occurring of the following events:-

(a) that they shall respectively attain the age of 18 years or cease full time tertiary education (whichever shall be the later) or

(b) a further Order of the Court

Is there someone out there who can clarify whether my son is entitled to maintenance whilst at university?

I'm confused by the wording....please help.

Many thanks
Swannette

RAS

I think you will find that your son has to enforce any maintenance agreement now.

Legal agreement can be challenged after 1 year anyway, so your ex could have just gone to the CSA anytime if he wanted.

Mint1955

No he doesn't once they finish school that's it or when he is 18.

RAS

Mint1955 wrote: »

No he doesn't once they finish school that's it or when he is 18.

This is true for CSA. A court agreement can differ but someoe has to enforce it.

HappyMJ

University does not count as qualifying education. A levels is the last qualification that counts. If your son needs money he can get a student loan.

whitewing

Phone the solicitor who advised you on the original agreement and check their understanding of 'teriary education'.

GeckoGirl1985

I'm sorry, but I don't think your ex will be required to pay further maintenance when your son starts university.

The exact same court order as you have detailed in your post was in place for my father when paying maintenance for me to my mother when they divorced.

Tertiary education refers to third level education (i.e., A-Levels or equivalent) with first and second level education being primary and secondary school. When I finished college and went to Uni, my dads obligation to pay maintenance ceased, as I had then completed my tertiary education. However he did continue to help support me financially at uni by paying half of my accommodation fees and paying for my books and other bits and bobs I needed. He wasn't legally required to do this, but he did.

Buzzybee90

He's an independent adult.

pandora205

Tertiary education in the UK means further education, i.e. college level, which is not the same as higher education, i.e. university level.

RAS

Hi

Anyone actually read the court order????

Swannette wrote: »

The court order wording is as follows:

***** payable on the first day of each month from the date of this Order until the first occurring of the following events:-

(a) that they shall respectively attain the age of 18 years or cease full time tertiary education (whichever shall be the later) or

(b) a further Order of the Court

OP - you need a solicitor on this as it is non-standard.

sharnad

Mint1955 wrote: »

No he doesn't once they finish school that's it or when he is 18.

He's still in tertiary education though so it should stop once he finishs uni