Help with the definition of \"full time education\"

I have the wording "attain the age of 17 years or cease full time education whichever shall be the later or further order" in a Consent Order dated 25 may 1999
my son is now 19yrs and at uni since Sep 2010. The Judge has suggested I apply for a deed of variance this is to ask for a discharge of the agreement. However I'm told by the judge "a degree ordinarily would be full time education" which contradicts the CSA law given by the government which says that full time education finishes at advanced level ie degree. Dose any one know of law quotes or court rulings or indeed where I should go to find such things. I could use to strengthen my case with the Judge, that may persuade him to review his pre-set historical ideas? Also do you know if there is legal aid for this kind of inquire as I can barley afford to pay each mouth let alone apply for a discharge.

the CSA cuts off at age 19 and refers to secondary level education - this is not however a general legal rule that full tiem education is considered to stop at 18.

It is much more common that it used to be to continue to university, and also, with the erosion of grants etc, it is much more expensive!

These days, in drafting orders, it would be usual to state whether the maintenace was until the completion of full time secondary education, or full tiem education including one undergraduate degee, in order to avoid this issue.

In terms of whether it would be reasonable to vary the order I would suggest that you focus instead on the specifc fact s of your case:

- does your son still live with his mum? (either full time, or for all holidays?)
- who is paying for his current costs? His mum, himself with loans/job / you
- are you proposing to support him directly rather than making payments to his mother for his benefit?

If your son no longer lives at home at all, and if you weer propsing to make the payments to him directly insead of to his mother, then the Judge may be more open to a request to discharge the order.

I am not sure of all the legal ins and outs but to me it is a no brainer.

My stbx and I both give our daughter who is in her 3rd year at uni an allowance. In fact I have just raised her allowance as she as had to give her job up. I have a second job which I will keep until she finishes uni.
It would not occur to either of us not to and I certainly would not be getting sols and the courts involved.

You do what you can for your children don't you? *shrugs*