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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My consent order son states that payments do not end until

Customer Question

My consent order for maintenance for my son states that payments do not end until he has finished tertiary education . He has finished his A levels and is going to university in September. I am still liable for paying my ex- wife maintenance even though he is going to uni ? If so does this count for only the first degree course ? Ie not if he then did further education , eg MA , PHD etc
Many Thanks
Gary
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
If I do have to continue paying then do I still need to make my payments direct to my ex wife or can I make them direct to my son , now that he is 18 ?
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Tertiary education in such orders would mean A-Levels and not university. The child maintenance liability will therefore end since he has finished 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 your question without a positive rating. Thank you.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
My ex wife believes that tertiary does mean university education - if she were to ask the original solicitor who drew up the consent order the same question , then would they definitely answer the same way as you have done ? I have looked at the some blogs / discussion forums on line and there seems to be very different views ? Also can I send you the exact consent order wording early evening today , just to double check you still feel the same about your advice ? Or are you 100% confident that it definitely means that maintenance ends at A Level ?
Thanks
Expert:  Clare replied 1 year ago.

Yjaml you for your question

My name is ***** ***** I have been a solicitor for more than 30 years.

Secondary education ends with the end of A levels or the equivalent

You can find the confirmation here

http://www.theeducationwebsite.co.uk/index.php?page=secondary

Tertiary education IS University level education and its equivalent and that is WHY it is referred to in the Court Order.

Technically it could include a masters - but if that is attempted it is worth going back to court

I am sorry that you were misled.

Clare

Expert:  Clare replied 1 year ago.

That should have started "thank you" - my computer skills are sadly commensurate with my age

Customer: replied 1 year ago.
The consent order states : ...shall be payable until he shall attain at age of 17 years or cease secondary or thereafter tertiary education ( whichever is the latter ) ...so I think I still have to pay even if he goes to university ? But what if my ex- wife does not pass any of this money into him ? But decides to keep it all herself ( I am not saying this would happen ) but surely that would be crazy as he could be an adult living at university for most of the year and have no money , my ex- wife, by definition would not be caring for him , yet she could keep all the money ? Can't I simply pay him the said sum directly ? Thanks
Expert:  Clare replied 1 year ago.

You are correct - you do have to continue paying.

You should negotiate with your ex about paying him direct - but if she does not in fact give him any funds you can apply to the court to vary the order so that you pay him directly

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