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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can my 19 year old son' s mother make an application to the

Customer Question

Can my 19 year old son' s mother make an application to the court for a contribution to his college education?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist
Please may I ask:
- have you previously been paying maintenance?
- has / when did this cease?
- is there a court order about maintenance?
- what is your son studying at college? Do you know if the course is degree level?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes I have previously been paying maintenance. The court order ceased on July 5th 2015. My son is now 19 and taking a degree course for 4 years. The order stated until the child completes "full time tertiary education" what is tertiary education?
Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Tertiary education is third stage education - this means education post secondary school - which includes a university degree.
Due to the wording of the court order - you are still liable for maintenance until your son finishes his degree. Please note that the mother could seek to enforce the current order.
I am sorry as I appreciate that this is not what you want to hear but I have to be honest.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
Thank you. No not what I wanted to hear. I wanted to pay him directly not via his mother.
Since the order expired on July 5th. Will this be a new application or can the order that has expired be extended?
Does it have to go to court or can this be done through a mediator?
What about payment for the months between July 5th and the new order?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Please may I ask - what makes you think the order expired in July?
If the order says payments are due until your son completes tertiary education - then it hasn't expired.
This means the mother could just seek to enforce the current order.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,
Thank you for your response.
When I phoned the court they confirmed that the order had ended on that date and no further payments should have been made from that date. About 6 weeks ago the mother contacted me to ask me to attend mediation to discuss the extension and variation of the order that ended July 5 th. I understand from the mediator that she had applied to the courts and was told to arrange mediation. Since there has been a lapse of 5 months does that order still apply or would it be considered a new application or order?
Kind regards
Carl
.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Carl
Thank you for your response.
I am a bit concerned that you may have been misinformed by the court. The court staff are not trained to give legal advice.
If the order said payments were due until tertiary education was completed - then it will be this order that the mother will be seeking to enforce.
If mediation is still a possibility it's worth attempting.
Kind Regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline,
The order had previously been extended twice to cover a levels and an extra year to resit A levels. The person I spoke to at the court checked with their legal adviser before confirming that no payments should have been made after July 5th. I have checked with payroll and no money is being taken from my pay this month for maintenance. The mediater also stated that if i do not sign an agreement stating that it will be backdated to July 5 Th then my son would not be legally be entitled to money from that date to the date of the new agreement.
Kind regards
Carl
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Carl
Was this perhaps through the Child Maintenance Service (or CSA) - for a deduction of earnings order?
Rather than a Court Order made at the end of financial proceedings?
Was there an earlier court order that said Tertiay before the CMS/ CSA became involved?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,
Thank you for your response.
No the CSA has not been involved.
I had difficulty paying in the early days and I agreed to an attachment to earnings.
The original order in 2002 (the time of divorce) said 17 or end of tertiary education.
In the past, the mother has provided evidence to the court to show that my son was continuing to study. This evidence was provided before the date on the order ceased, so the order was extended without a new application or court involvement. On this occasion the date past without the mother providing evidence to ensure the order continued.
Therefore I have been told that I should not have paid from the said date.... July 5th.
An application to the court has not yet been made. However there was a request to attend mediation about 6 weeks ago.
Kind regards
Carl
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Carl
Thank you for confirming this for me.
It will be an order to enforce the current order, as it has not technically expired as the order does cover the university education. It does appear that the court have been rather proactive in seeking evidence of ongoing education.
This would not however prevent the mother seeking to enforce the term of the original order in respect of the tertiary education.
Kind Regards
Caroline
Customer: replied 1 year ago.
Morning Caroline,
Thank you so much for your clear advice.
I have been told by 2 solicitors that the mother is not entitled to make a backdated claim. That the payments would start from either the date of the agreement with the mediator or the date that the mother makes an application to court to extend the order. Is this correct?
Carl
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Carl
My apologies for my delay in responding to you.
If the order hasn't been changed since the original order using the words Teriarty then it could still technically be enforced but given that the mother hasn't supplied the information required by the court then this does seem somewhat unfair.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,
If there is an agreement with the mediator does the agreement have to go through the court?
Carl
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Carl
No you can reach a private agreement at mediation.
Kind Regards
Caroline

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