Maintenance and University

Helen_from_yorkshire

I currently receive maintenance for my son who is taking his A Levels and due to finish in June 2006. The current Court Order states that my ex has to pay maintenance until my son finishes his tertiary education.

My son is planning to go to University - if he does, can he claim maintenance in his own right?

Bossyboots

I can't think of any justification for him seeking maintenance for his university years. There is no obligation to provide for offspring over the age of 18 so the best he could hope for would be to persuade his absent parent to pay him a monthly allowance.

margaretclare

But university education IS tertiary education....isn't it?

Aunty Margaret

Bossyboots

margaretclare wrote:

But university education IS tertiary education....isn't it?

Aunty Margaret

It looks as if you are right. I googled tertiary education and it does seem to relate to universities.

Helen_from_yorkshire

The absent parent won't pay anything he doesn't have and only pays reluctantly now as there's a Court Order. Because there are not grants and such like now, I will be expected to support my son through University as he won't get a grant from the LEA due to my income, shouldn't his father also support him!

Bossyboots

Helen_from_yorkshire wrote:

The absent parent won't pay anything he doesn't have and only pays reluctantly now as there's a Court Order. Because there are not grants and such like now, I will be expected to support my son through University as he won't get a grant from the LEA due to my income, shouldn't his father also support him!

I have checked again and it does seem that tertiary education is university as margaretclare says. Therefore the maintenance is still payable under the original order.

margaretclare

Bossyboots wrote:

I have checked again and it does seem that tertiary education is university as margaretclare says. Therefore the maintenance is still payable under the original order.

Yes, it seems as clear as daylight! Education is divided into: primary, secondary (i.e. high school) and tertiary (third).

Aunty Margaret

Mr_Proctalgia

Have a look at this site http://www.ondivorce.co.uk/messageboard/mb-index.php?mb_id=1

Second post down.

Basically Tertiary Education is the finishing of an A level course, not course after course after course, and would stop at 19 anyway. If your court order was made before your son was 16 then you will be stuffed now as you cannot apply for an extension, there are cases of the child suing its parents for maintenance but they are very rare (for obvious reasons)

Bossyboots

This is a definition of tertiary education

Tertiary education, also referred to as third-stage or third level education, is the educational level following the completion of a school providing a secondary education such as a high school, secondary school, or gymnasium. Tertiary education is commonly higher education which prepares students for a quaternary education, but it can also be vocational education and training. Colleges and universities are examples of institutions that provide tertiary education. Tertiary education generally
en.wikipedia.org/wiki/Tertiary_education

aliasojo

Lawyer advised me that maintenance could still be payable if son was at university but he would definately have to claim in his own right. This was under Scottish law....don't know for sure if it's the same for you?

Prudent

I was advised the same. I get maintainence now (in theory at times!) via the CSA. My solictor tried to negotiate a settlement prior to me having to resort to CSA. She told me that this would run until the child left school or the 19th Birthday, which ever was soonest. If my daughter wants money for uni she will have to take her dad to court.

This is a horrible system becuase it is setting child against parent.