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University Fees included in financial Separation?

  • Pammie21
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4 years 6 months ago #476720 by Pammie21
My husband and I are divorcing and in the financial settlement my solicitor has advised me to include university fees.

My son is 16 and won''t attend university until 2018. I know that the maintenance grant is being scrapped and replaced in 2017 by a maintenance loan, but my feeling is that my son shouldn''t be ''saddled with a larger student debt when he finishes university than he would have done had his father and I not divorced - as I assume based on what would have been our income as as his parents we would have been expected to contribute a sizeable portion of this?

Had we not of divorced our combined gross income would have been in excess of £125K pa.
My STBX''s gross income is over £105K and mine is currently £20k gross. Basing his uni loans on my income my son should be entitled to the bigger maintenance loan but this will increase his borrowing. On the amount of salary my stbx earns I believe he should make a reasonable contribution to our son''s university education/living expenses but have no ideas as to a starting point of what is likely to be reasonable?

I''ve been told by the Good University Guide than average accomdation fees outside of London are about £5k pa. Even if my son is awarded the full loan he still won''t have much to live on.
Can anyone clarify this for me please?

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  • Gillian48
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4 years 6 months ago #476724 by Gillian48
I understand where you''re coming from - but if this went to court I''ve a feeling the judge would say he didn''t have a crystal ball and can only go by the facts as they are now. Who knows your son might not go to Uni then what?
I presume you''re going to ask for SM? Is that why you wanted extra money factored in?
The other thing I discovered whilst going through my ordeal - in the eyes of the law once a child is out of full time education and over 18 yrs old he/she is classed as an adult. I was told my son had to apply for maintenance direct from his father as he was classed as an adult. I''m not sure whether all judges think the same?
Have you decided on the split of all the other assets?
I''m sure others will offer their advice .

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  • esox11
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4 years 6 months ago #476747 by esox11
My ex and I had similar incomes and agreed to help fund our childs finances as best we could throughout the uni education until the first degree was obtained. This was agreed and a monetary amount was set for monthly contributions.

In retrospect instead of a fixed sum we should have said a percentage of income as if one of us looses our employment the money still has to be paid under the consent order .

Do you think your STBX may not want to contribute to his sons education? I would speak to him and at least attempt to keep things cordial and suggest a % of income contribution. Even make this formal so you can show any judge in future that you have tried to settle this aspect of the settlement.

Costs for accommodation are approx. £6000 pa in my experience. Then add on food etc and it is far from cheap. We are also attempting to build (myself with my ex and daughter) an investment that she can choose to use to pay off her student loan or not with.

Hopefully your STBX will see this as something he needs to help with. At 18 the child support will stop. All I did was continue to pay this amount to my daughter directly and her mother matched this as she was by then cohabiting and could afford to do so. My daughter manages this money and has to pay her mother house keeping when home from Uni... but she has a job then too. I appreciate your position financially is not so simple.

Good luck.

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  • Pammie21
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4 years 6 months ago #476762 by Pammie21
Hi Thanks for your reply. It is a difficult situation as my STBX was abusive and I finally called time on the marriage last year. He already has someone else but is still bitter with me because I initiated the separation due to his treatment of me. He wants to pay as little as possible. I have gone into no contact at the moment and do not have direct contact with him. My son also is not seeing his father at the moment due to his father''s deplorable treatment of him as well. So it is a little difficult. I just wanted to know what other people had agreed to in these situations so I can discuss this with my solicitor.

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  • esox11
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4 years 6 months ago #476774 by esox11
I give my daughter 15% of my gross salary. My wife likewise.
However we can as we have paid off mortgages and have income where we can.

I would try and keep the CM payments until your lad gets his first degree.

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