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What are we each entitled to in our divorce settlement?

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Maintenance for tertiary education

  • Soozy2
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25 Apr 12 #326414 by Soozy2
Topic started by Soozy2
I have a Court Order that was made in 2002. In it it states "periodical payments payable monthly in advance until they shall respectively attain the age of 17 years, ceasing full time education or completing tertiary education whichever shall be the later or further Order and in the absence of any such event".

My ex wants to stop payments next year. Please advise what this means as the words ''until the first degree'' are not in my Order.

Thank you

  • dukey
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25 Apr 12 #326425 by dukey
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Its a bit woolly isn''t it, what it means is that the payments must be made until the kids finish their first degree if they go to uni.

  • Carrie Paechter
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25 Apr 12 #326427 by Carrie Paechter
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Actually tertiary education is education at university, so you may have a case for support for postgraduate degrees as well.

Best wishes,
Carrie

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25 Apr 12 #326433 by dukey
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Your right Carrie, the definition suggests payments would be made until the education ends and this has been argued in court, thus far all payments have ended at the end of the first undergraduate degree if anyone knows of a judge ordering otherwise it would be very interesting to know.

If anyone reads this and does not yet have an order, make sure it is defined to save problems later.

This particular issue crops up time and again and has been debated at length on wiki, even the legal beagles don`t always agree.

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25 Apr 12 #326471 by Crumpled
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My stbx called me the other night and old me he would be withdrawing all financial support from our eldest daughter who is in her first year at university and could i tell her he was very nasty on the phone he is angry because he thinks it was our daughterwho told me about text messages he was making to other women (actually it was someone he thinks of who is one of his friends who now thinks ...he is.. their words not mine despicable).
he earns a great deal of money seven figures is this reasonable

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25 Apr 12 #326494 by Fiona
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Carrie Paechter wrote:

Actually tertiary education is education at university, so you may have a case for support for postgraduate degrees as well.

Best wishes,
Carrie




From the legal POV maintenance for postgraduate courses is unlikely. Munby J reviewed case law when dependency should end in N (A Child) [2009] EWHC 11 (Fam) and concluded;

"I quite take the point that a parent is entitled to be protected against the child’s prolonged or indefinite deferral of attendance at university, but one has to bear in mind that in modern conditions an aspiring undergraduate may choose, or if he has to reapply may be compelled, to have a gap year between school and university or, if he has not had a gap year between school and university, may choose to have a gap year between university and starting employment. In principle, it will often be appropriate in cases such as this to provide that the settlement should at the latest conclude at the point at which the child has had a gap year (whether after school or after university) and finished any first degree course."

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25 Apr 12 #326520 by Mitchum
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You will find that generally ''tertiary'' refers to the time immediately following the end of statutory school age, i.e. post age 16. University is referred to as Higher Education.

So a Tertiary College is for ages 16-18.

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