We don't agree on when children finish FTeducation

Can anyone shed light from their experience? My ex and I are not divorced yet, though we separated several years ago. Children are 15 and 18 and informal agreement originally was I should stay in family home until youngest leaves FT education. Ex is taking this to mean either his 18th birthday (2 1/2 years away) or the last day of his A levels (3 years away); solictor told me it could mean age 21 when he finishes university (6 years away assuming he goes). Can ex make me put house on market by the earlier date? If that means I can't afford anything big enough for me and kids outside university termtime, where do they live?

Although in many ways this is much better than the situations many people on here are facing, I need to think this through carefully now, as I would like to get divorced and obviously a financial agreement will be part of that. Also I will be in my mid fifties and presumably less able to get a mortgage.

Apologies if this isn't in the right forum/part of forum!

What do you mean when you say informal agreement - was there a written Separation Agreement? The phrase "full time" education is ambiguous and open to interpretation even with a formal orders.

In the case Vaughan v Vaughan the Court of Appeal said although children under 18 are a priority the interests of adult children undergoing further education are not irrelevant and it's reasonable to provide a base for over 18s during their education even if they were unlikely to live there full-time.

Unfortunately not being able to afford a mortgage when the time comes to sell the house is a common problem with deferring the sale of the former matrimonial home which is why there is a reluctance by judges to impose Mesher Orders.

The wording on my Consent Order is to 17 years old or 19 if in full time A level or equivalent education.

CSA see NVQ1-3 as A level equivalent but NVQ 4 is above this level.

Having looked at the CSA web site(and it looks like you have too) it would appear that the maximum age CS is paid is up to the age of 19. University would be classed as Advanced education, so i think your solicitor may not be correct in what thry say. If in doubt contact the CSA for there advice.
With regards to putting the house on the market bit confused as you have an 'informal agreement' then you mention a 'consent order' and you are thinking about getting divorced? sorry i can't be any more help but it's not clear what position your in

Historically the courts had jurisdiction for CM and since March 2003 the CSA normally now have jurisdiction but there are certain circumstances where the courts have retained jurisdiction and child maintenace for over 18s is one of them.

So the CSA rules are child support is paid for children under 16 or under 19 and in full-time non-advanced education (standard equivalent to A level or less) New legislation which is yet to be implemented will raise the age from 19 to 20. If an over 18 year old goes on to higher education they may make an application for maintenance from a separated parent in their own right under Schedule 1 Children Act 1989.

However, claims for child maintenance for over 18s may also be made under the Matrimonial Causes Act 1973 as part of the overall settlement.