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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Son is now aged 18.but is going on to university.existing order

Customer Question

Son is now aged 18.but is going on to university.existing order reads until finished full time education or until further order. does this mean existing order can continue.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the exact wording of the Order on this point
Clare
Customer: replied 2 years ago.

By consent it is ordered that.The Respondent do pay or cause to be paid,to the Petioner,periodical payments of 5p per annum until the child of the family Joshua Nicholls reaches the age of 18,or finishes full time education or until further order.

This was made pursuant to The Matrimonial Causes Act 1973

Expert:  Clare replied 2 years ago.
Hi
was there any discussion about University at the time the Order was made?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
May I ask where you pay or receive the money?
Clare
Customer: replied 2 years ago.

petioners son Joshua visits his father once a week who gives Joshua the money in cash to take home to his mother.

Expert:  Clare replied 2 years ago.
Hi
Are you mum or Dad?
Clare
Customer: replied 2 years ago.

Father of Mum who is named Mary and grandfather to Josh. I am trying to assist Mary, who needs maintenance payments to continue,because the next 3 years will be very expensive.

Expert:  Clare replied 2 years ago.
Hi
Thank you
The truth is it is a Grey area.
Since the word "secondary" is not used the implication is that it does extent to tertiary education - BUT equally it could be argued that since the word Tertiary was not included then it does not.
On the whole I would expect the court to come down on a positive side - and say yes it continues, however if it does not the the child has the right to make a claim in his own right using schedule 1 of the Children Act.
I appreciate that this is not the clear cut answer you would have liked - but sadly even the law is ambiguous sometime
Please ask if you need further details
Clare
Customer: replied 2 years ago.

very well answered. thank you

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare