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Son had packed in Uni now wants to return.

  • WYSPECIAL
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17 Oct 13 #410586 by WYSPECIAL
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If the order stated until he finished full time education surely you have complied with that at the point he dropped out and you stopped paying?

Going back is a new event which doesn''t seem to be covered by the court order.

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18 Oct 13 #410614 by .Charles
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As the order was made and was determined when the education finished, I would doubt very much that the court has jurisdiction to make another order.

You need to seek legal advice on whether the case is a ''runner'' or not.

If you do decide to contribute towards your son, I can''t see any reason why you would do this through your ex - you can pay your son directly and cut out the middle-woman.

Charles

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18 Oct 13 #410615 by Shiver Metimbers
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Thanks Charles, I''m seeing a Solicitor next Thursday. I need to draw a line through this one way or the other.

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18 Oct 13 #410666 by Shiver Metimbers
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She is now saying he did not finish Uni, he only deferred it, took a sort of gap year.

Still, the order does not make provision for a Gap Year, deferment or what ever she wants to call it.

Comments welcome.

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18 Oct 13 #410668 by CakesandFlowers
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I think you need your solicitors to draw a line under this. ''Sort of gap year''!? What if he ''defers'' again!

Let us know how you get on

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18 Oct 13 #410672 by Fiona
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I agree with Charles you should seek a solicitor''s opinion whether or not the courts have jurisdiction. Looking back at your previous posts if your son applied to defer university entrance for a year it wasn''t quite the same thing as finishing full time education. It would be helpful to others if you could report back what happens.

Opinions differ about paying maintenance for students and although posters opinions and debates are very interesting the only opinion which is binding is that of a judge at a final hearing. On the one hand there is at the age of majority. On the other hand children are considered dependent until they reach of 25 for student loan purposes, unless they have worked for three years. Like parents judges have different opinions and they have discretion to include a gap year.

maisymoos wrote;

Put it this way, anyone at whatever age can choose to return to further education. Plenty do even in their 30''s and 40''s ++++.


Family case law is quite clear that when maintenance is to be paid for a student at university it is only for a young student who is arguably dependent (see above)

CakesandFlowers wrote;

I think you need your solicitors to draw a line under this. ''Sort of gap year''!? What if he ''defers'' again!


Universities only accept applications for one year''s deferred entry. As one judge said it isn''t unreasonable for someone to take a gap year after completing secondary education before going to university or for a year after a first degree.

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18 Oct 13 #410683 by Gillian48
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At the beginning of this post you stated that the court order read ''ceased full time education'' ? I thought full- time education ended at 6th form or similar? I didn''t think university was classed as full-time education?
So should the order have ended before your son started University? I''m not an expert and maybe your solicitor or others can clarify this position?

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