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Son had packed in Uni now wants to return.

  • Fiona
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18 Oct 13 #410687 by Fiona
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Catwoman85 wrote:

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?


Under CSA rules a child maintenance ends when child is qualifies for child support until the age of 16 or between the ages of 16 and 20 if they are in or continuing full time "non advanced" education i.e. A Level standard or less.

However CSA rules do not apply to court/consent orders which may provide for maintenance for over 18s. "Full time education" is ambiguous because it can be interpreted to mean the end of secondary school or the end of tertiary education/1st degree and may include a gap year.

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18 Oct 13 #410691 by Gillian48
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Thank you for clarifying that Fiona - wish the legal system was easier to understand !! It seems that sometimes the wording on these orders can be interpreted in different ways unfortunately.

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19 Oct 13 #410696 by hawaythelads
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Hi,
Is this the last year of university if he goes back?
If so I''d be inclined to pay your ex her last nine months of meal ticket.
Personally I quite like the
"see your mother she''s holding the money off me for you"

All the best
HRH x

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19 Oct 13 #410698 by Shiver Metimbers
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I did not want to bring this into the equation but there is the question of his earnings? He is a Lance Bombardier in the Territorial Army earning £35 per day every day he attends. Last month he attended at least 14 days. How does this effect his dependency on his parents?

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19 Oct 13 #410700 by Shoegirl
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Your ex is going to do what she feels is right in relation to the order. The wording isn''t terribly helpful but I think most who know far better than me have said it''s being stretched beyond what is reasonable when your son is 23.

For me what is getting missed here is this actually isn''t about orders, your ex or anything else really. It''s about your son. What is far more relevant is what you feel you can contribute to his education and whether you want to at all. I think sometimes in the haze of financial battles we can forget to make decisions based on what is right as a parent rather than focussing on wording of an order.

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19 Oct 13 #410701 by Shiver Metimbers
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I''m helping my Son in many ways, short of buying him a car he does not want for anything, we are the best of mates, enjoying the odd pint. I''m running around in a clapt out car, she enjoys her brand new BMW X4, but this is not the issue, the issue is this damn court order, written at the time to create loose ends at a later date. Why did the judge allow this, it should have been so clear with definite wording, not riddled with grey areas which can be read differently to suite the moment.

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19 Oct 13 #410708 by hawaythelads
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How many more years of University?
Just weighing up cost of paying aginst hassle of court.

All the best
HRH x

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