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Kids Fail Uni - Do I still have to pay?
#1
Apologies if I've posted this to the wrong forum - it relates to a court order from 2005 - yes, 2005!!  But also relates to my financial situation so I did post in one of the other forums.  It relates to children continuing in further education but have both failed their courses and recommenced in other unis - how long does this go on for?  Where do I stand legally?

Hi Everyone,

I'm new here but would be grateful if someone could assist me with some advice or share their experience.

I emigrated to Australia in 2005 and my 2 children lived with their mother in the UK.  We had a court order established and I paid as per child support agency calculations.  This continued while I was living and working in Australia.  My ex then relocated to France with her husband and they have started another family as have I - no problems there.

The issue I have now is my 2 x boys are now aged 22 and 20 respectively and I am still paying child maintenance to her for them - as directed in the court order.  Why?  Because they are both studying full time at university.  This is not the problem.  

My problem now is that both boys have terminated (they failed) their initial degree courses - one after 2 years of study, the second after one year.  They now wish to commence in another university with different courses.  The court order wording states (words to the effect of) you must pay child maintenance until they finish their first degree. 

I am concerned that this arrangement can go on ad infinitum without end.  What if they pull out again, and again, and again.  It doesn't seem reasonable nor fair but it appears to be law.  

Could I respectfully ask the forum what options are available to me please?  I am not well placed financially as my wife requires ongoing medical support and I have other children in full time education.  I want to support my two older boys but I would rather give the money straight to them than the ex who appears to like being in control of the situation.  My thoughts are this could be open to interpretation under law, i.e. the "first degree" is complete because they pulled out and are now on their "second degree".  Other interpretations could be they must have their bachelor degree signed, sealed and completed before this court order ceases.

I welcome your thoughts and advice.     

Kind regards,

Fiery.

P.S.  Excerpt of CO attached.  


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#2
(02-08-2019, 02:30 AM)fierysport Wrote: Apologies if I've posted this to the wrong forum - it relates to a court order from 2005 - yes, 2005!!  But also relates to my financial situation so I did post in one of the other forums.  It relates to children continuing in further education but have both failed their courses and recommenced in other unis - how long does this go on for?  Where do I stand legally?

Hi Everyone,

I'm new here but would be grateful if someone could assist me with some advice or share their experience.

I emigrated to Australia in 2005 and my 2 children lived with their mother in the UK.  We had a court order established and I paid as per child support agency calculations.  This continued while I was living and working in Australia.  My ex then relocated to France with her husband and they have started another family as have I - no problems there.

The issue I have now is my 2 x boys are now aged 22 and 20 respectively and I am still paying child maintenance to her for them - as directed in the court order.  Why?  Because they are both studying full time at university.  This is not the problem.  

My problem now is that both boys have terminated (they failed) their initial degree courses - one after 2 years of study, the second after one year.  They now wish to commence in another university with different courses.  The court order wording states (words to the effect of) you must pay child maintenance until they finish their first degree. 

I am concerned that this arrangement can go on ad infinitum without end.  What if they pull out again, and again, and again.  It doesn't seem reasonable nor fair but it appears to be law.  

Could I respectfully ask the forum what options are available to me please?  I am not well placed financially as my wife requires ongoing medical support and I have other children in full time education.  I want to support my two older boys but I would rather give the money straight to them than the ex who appears to like being in control of the situation.  My thoughts are this could be open to interpretation under law, i.e. the "first degree" is complete because they pulled out and are now on their "second degree".  Other interpretations could be they must have their bachelor degree signed, sealed and completed before this court order ceases.

I welcome your thoughts and advice.     

Kind regards,

Fiery.

P.S.  Excerpt of CO attached.  

Apply to "discharge" the order.

Under the Welfare Benefit Reform Act of 2013, it changed things to that Child Support only carried on after 16th birthday, just after the 19th birthday, if they are in aproved education for a set number of hours, and not working 24 hours or more.

Uni is normally considerd to be higher education, so your children should be making claims for grants and student loans in their own right.l  Your liablity ended years ago.

See https://www.gov.uk/child-benefit-16-19
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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