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First degree?

  • spooky
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09 Feb 14 #421741 by spooky
Topic started by spooky
Hi Wikis,

My x husband is court ordered to pay child maintenance for our daughters whilst at Uni until end of first degree.

Number 3 daughter is in her first year but has decided that her course is not for her.

She wants to switch degrees next year but she will have to start her first year again in September this year.

Number 2 daughter is doing a 4 year course that he has agreed to pay for but this is her first degree.

Number 1 daughter has graduated so he no longer pays for her.

Number 4 daughter has yet to go!

She is contacting her Father directly but I was wondering where I stand legally.

Due to endless problems he is ordered to pay me the maintenance that I pay straight to her on a monthly basis.

I do not relish another battle but need to know where I stand.

Many thanks xxxxx

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09 Feb 14 #421742 by WYSPECIAL
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Probably depends on how a court defines the term "first degree".

Usually it means a bachelors as opposed to something more advanced. I don''t know though if your ex will argue that it means the first degree that you do and by starting again your daughter is doing a second degree not a first one.

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09 Feb 14 #421745 by spooky
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She is halfway through the first year of an undergraduate degree so as such has not completed her first degree.

I have encouraged her to contact him directly although there has been very minimal contact for 10 years.

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09 Feb 14 #421747 by NoWhereToTurnl
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Hi spooky,

Ex running true to form then :( I feel for you, it was in my CO that ex would support my daughter through her medical degree and because of that, I agreed to less SM but, you have guessed right, he never paid a penny.

What is it with these high earners :dry:

First degree is any degree as all persons taking a first degree are classed as undergrads. Once they have completed and got the qualification the next degree is post grad.

Good luck and big hugs,

NWTT.

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09 Feb 14 #421755 by Fiona
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It''s difficult to word orders to cover all circumstances but it''s worth checking the exact terms. Clearly the payer of child maintenance is entitled to know when it ends and shouldn''t be expected to pay maintenance indefinitely. Otherwise they could be supporting their offspring in their 30s.

Sometimes orders say maintenance is to be paid until the end of first degree including a gap year either before or after the course or at a certain age. If it says something along the lines maintenance ceases when the student leaves university your ex may argue that the order is no longer in effect so he has no further liability and you would need to refer back to court for a decision.

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09 Feb 14 #421756 by spooky
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The order is very simple.

It says that maintenance should be paid until the end of first degree save for any gap year.

Nowadays degrees can vary in length depending on subject, he is already paying for 4 years for one daughter who is in Scotland.

This particular one started last September to do 3 years but wants to restart a new course in September

At least no one is doing medicine or vetinary science!

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09 Feb 14 #421770 by Fiona
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lol - or a second 4 year Scottish degree like our son. He''ll be 29 if he carries on as planned to complete his Masters. :blink:

Your order seems straight forward enough.

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