I don't think it's an actual court order but was approved as part of the settlement by the court.
I really need to know how the obligation to pay thismoney was arrived at.
If it was supposed to finish at 18 and you didn't finish at18, then you really need to see whether she is going to start enforcing it.
I also don't know whether this was child maintenance orspousal maintenance.
You can get a copy of any court order from the courtwhich dealt with the divorce.
I'm sorry my answer is a little, thin , but with suchbrief facts, it is very difficult to add anything further
I am happy to answer individual questions you may have.
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Hi I understand your position. I am away from home at the moment and I have the paperwork there. I am back tomorrow so can look at it first thing in the morning but how can I get back to you with the additional info?
I do know that it is a child maintenance agreement as I did a clean break with my ex wife and gave her the house etc.
If it was clean break, it probably is child maintenance.This thread remains open. So just post on here tomorrow. I am usually on hereevery day at some stage in any event.
so do I now close this and rate your response but will this not then close the thread?
If not can I simply open this page tomorrow as I do not have a subscription as this is a one off?
Rate now. It remains open just as before and we continue on here.
Having looked at the paper work, the agreement was done via a consent through the County Court. In addition, I have a certificate from the Court which sets out the position re s 41 of the Matrimonial Clauses Act, confirming that there are the 2 children but saying that the court does not need to exercise its power under the Childrens Act 1989 with respect to them or give any direction under section 41.
The actual wording of the provision for the children in the consent order is " .... until eacg child attain the age of 17 or cease full time education, whichever is the later"
I hope this helps and look forward to your guidance.
Full-timeeducation is generally classed as nonadvanced education , although, based uponthe wording of the order, it is quite loose and could be interpreted as either.
Advancededucation courses include:a degreeDiploma of Higher Education (DHE)NVQ level 4 or aboveBTEC Higher National Certificate (HNC) or Higher National Diploma (HND)teacher training'Non-advanced' education includes the following:GCSEsA levelsNVQ/SVQ level 1, 2 or 3BTEC National Diploma, National Certificate and 1st DiplomaSCE higher grade or similar
Ifyour ex is likely to take issue if you stop paying maintenance, you really needto apply to court for a definitive order that either the continues until theend of tertiary education (University. Tertiary is the phrase most often used)or is no longer applicable.
Yourchildren can still bring a Children's Act application for support from youwhile they are at university.
Thereference to section 41 is with regard to the court appointing someone torepresent the children, which presumably were younger at the time and it didnot deem was necessary.
OK Thanks. Is there any guidance re how long tertiary eduction lasts for. As i have said they are both undergrads at university but does it also cover if they decide to do post grad degrees?