University Fees: Is dad liable to pay?

My son is nineteen. My ex and I jointly paid for private education from age 10-18.

My ex has decided he's not going to contribute to University if our son starts in Sept.
Is there a rule under the Childrens' Act that I can quote him before threatening Court action?

Schedule 1(2) CA1989 makes provision for over 18s in education or training to claim maintenance from a parent in their own right.

www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_17#sch1

However, this route isn't available if there was a MCA 1973 order in respect of the 'child' in place immediately before their 16th birthday (don't ask!) If there was a court order for child maintenance, either imposed or by consent, then an application can be made under s29 MCA 1973.

www.opsi.gov.uk/RevisedStatutes/Acts/ukp...8_en_5#pt2-pb4-l1g47

Thanks Fiona.
I could need that as well

Thanks Fiona,

Haven't had time to digest all of that yet, but it certainly points me in the right direction.

First hubby and I divorced in 1999. Our son was ten and due to start Private school five months later. We did agree that we'd chosen the road of Private Secondary Education in front of the judge. I was given a clean-break but the judge said I could claim for school fees.

Ex later threatened that he would withdraw son from school if I made a claim. I earned a lot less, and did not persue it; after my son said (parrot fashion) at age ten that he'd not talk to me if I sent daddy to court!

Our son is now 19. Ex has decided that he's not paying, there was never any order for child support. (I received nothing for 19 yrs) So not sure how I stand on this.

I did apply for a Copy of the Judgment from 1999; the court said tapes are destroyed after 3 yrs. (Although on the phone, they said Records went to a storage facility) I feel a bit fobbed off with that excuse...shed any light on getting a copy of an old judgment? There was a 'typist' person (not sure of term) hammering away throughout the proceedings.

Was CM included in the final Court order? If not and it was paid through the CSA or paid voluntarily then the "child" may apply in their own right for maintenance from parents under the Children Act.

Fiona wrote:

Was CM included in the final Court order?

No, I got nothing. We co-parented; agreed joint custody. My son ended up staying more nights with his dad; so he even took the Child Benefit from age 10. The judge simply said that I could apply for school fees.

I know for sure that my son would not take any action himself. At 19, can I assume I can still apply for half the Uni fees?

Got to butt in here but why do you or your son need money from your X whilst your son goes to uni? He is entitled to student grants and maintenance grants whilst there? I am sure his dad will give him something but why should he be made to when your son is now a man at 19? Unless he is still living at home? If not what expenses are you going to incur whilst he is living away? I am on the other end of the stick here: I am off to court next Friday as the x feels that I should carry on paying her for our son that is going away to uni! I am not being argumentative or trying to provoke you I just can not see where you are coming from?