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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a child who is 18 and finishing her a levels in june,

Customer Question

I have a child who is 18 and finishing her a levels in june, i have paid maintenance each week and tfhe court stated that i pay up to the end of her full time education, my daughter is due to go to university in september to study a degree is this classed as full time or higher education please
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-When was the order made?-Was the order a consent order in divorce / financial relief proceedings?-Did the court order state whether it was until end of secondary or tertiary education?
Customer: replied 1 year ago.
Hi the order was made around 12 years agoIt was a consent order in the divorceStated 18 or full time education whichever cane last6
Customer: replied 1 year ago.
My daughter was 18 last october
Expert:  Harris replied 1 year ago.
Thank you. As it was a consent order you can apply to the Child Maintenance Service for a calculation and this takes precedence over the child maintenance in the consent order - this can be done after a year from 12 months after the approval of the consent order. The Child Maintenance Service will state that you have no further obligation to pay maintenance as she will be finishing A levels.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.Unfortunately you have left it too late to apply to the CMS as your daughter will have left school BEFORE the assessment has been made - and if she is not in Secondary education then no assessment can be madeHowever since the Order does not specify "Tertiary" Education then the generally accepted position is that "Full time education" refers to Secondary level education (A levels etc) and not University.