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

sharnad

pandora205 wrote: »

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

It includes university in the uk

RAS

http://en.wikipedia.org/wiki/Education_in_England

cazziebo

Tertiary does include university so support payments continue until that completes. It's not that unusual. My ex paid more when my daughter went to Uni - although it was quite rightly paid directly to her.

A levels are usually secondary education

Swannette

Thank you for all your comments although there are some contradictions.... I appreciate the link to Wikipedia clarification of tertiary being (ages 18+).

Please may I ask one more question... The court order says:-

'The periodical payments payable under paragraph 4. above shall in the event that there shall be any increase in the Retail Prices Index over the twelve month period ending April in any year from and including 2004, be increased by the percentage of such increase with effect from the payments payable on the 1st day of June in each such year.'

For the first two years my ex increased the payments by the RPI but on the third year he said that there had been no increase, and from then on he has not increased the amount of maintenance.

What is the best way for me to see if the payments should have gone up over the years? I'm afraid this is all a bit beyond me.... Do I just contact a local accountant? Or go to a solicitor? My ex told me I would probably owe him money if I took it any further.

Thank you in advance of any advice.

Swannette

Swannette

cazziebo wrote: »

My ex paid more when my daughter went to Uni - although it was quite rightly paid directly to her.

A levels are usually secondary education

I totally agree Cazziebo, I had already spoken to my son about forwarding the money to him but if it can go directly to my son from my ex then all the better.

Seanymph

yes he should still be paying it:

http://dictionary.cambridge.org/dictionary/british/tertiary

but it could easily be a misunderstanding on his part, so educate him first (send him an email and link, or call him up and ask him to check) before seeking a solicitor.

As for the increases, you would have to get help to get them backdated -

http://swanlowpark.co.uk/rpiannual.jsp

that's what it should have been.

Flossie.

Wow, I must admit, I didn't know that child maintenance had to continue when the 'child' goes to university. That's a new one on me.

They could stay 4-5 years, and the parent (usually the father,) would be paying for them until they're 22/23!

I don't understand, as the 'child' would surely be getting grants/bursaries/student loans.

I would not imagine many parents being happy to have to keep forking out for their young adult, when they're in their early to mid 20s. Especially as the maintenance-paying parent may have a new family and younger children.

Also, would the young person in university, not have a job? :huh:

None of it makes sense to me. You don't get tax credits or child benefit for them when they leave for university, as they are classed as independent adults with their own income. So why does child maintenance have to carry on?

RAS

It does not have to continue until 23/they finish university UNLESS this was written into the original divorce settlement. As happened in this case.

Gloomendoom

Flossie. wrote: »

None of it makes sense to me. You don't get tax credits or child benefit for them when they leave for university, as they are classed as independent adults with their own income. So why does child maintenance have to carry on?

Because the OP's particular court order says so. Others may not.

I can see the OP's ex seeking option (b)

Flossie.

Ohhhhh right I seee.. Thank you!