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History: Home UK Divorce Forum
Topic:
Education (5 Posts)
Started By:
Date:
04 March, 2017 09:17AM
Education
paul789 - 04 March, 2017 09:17AM
I have been paying child maintenance for many years as my divorce settlement states I must pay until my son reaches the age of 18 or finishes full time secondry education.
My son is now 18 and at college. He did 1 year in sports science and then swapped to motor mechanics for his second year which he is still doing .
He has informed me he will be continuing this course next year ( 3rd year )
He works 21 hours a week in a shop for extra money and more in the school holiday's. I have no idea if he will go into the motor trade when he finishes colledge as he doesn't seem that interested
I am convinced my ex wife is keeping him at college just to receive my maintenance payments , he will be 19 next January so when do I cease paying her ? Is this course classed as secondry or further education? Minefield when trying to get an answer.
Many thanks
Re: Education
Bubblegum - 04 March, 2017 09:34AM
I don't know the wording of your order but can confirm that secondary education is compulsory education I.e. Up to GCSE (age 16). Further education is post 16. And higher education is degree level. Doesn't sound like you need to pay it any longer.



Edited 1 time(s). Last edit at 04/03/2017 09:58AM by Bubblegum.
Re: Education
paul789 - 04 March, 2017 10:36AM
It reads that the respondent (me) pay the applicant ( ex) periodic payments until he attains the age of 18 or ceases full time secondry education which ever be the latter
Re: Education
Bubblegum - 04 March, 2017 11:06AM
Well he is over 18 and not in secondary education so I would say you have met your obligations for child maintenance. I do find the definition of secondary education rather unclear and maybe there are some differences in the legal context to the educational context. Some would say that doing A levels at school is still secondary education. Although it is not compulsory secondary education. Your son however is attending an FE college and doing a vocational course - this is further education.
Re: Education
Bubblegum - 05 March, 2017 09:35AM
I would add that my view on what type of education he is in is from an educational perpective not a legal one. So best to get further clarification. I do wish these orders were not so ambiguious. It's also worth mentioning that she may be able to claim child maintenance via the CMS as the child support laws state that CM is payable till the child is 20 if in full time non advanced education and receiving child benefits.

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